Simic v Prasad [2017] NSWDC 158

District Court New South Wales

Medium Neutral Citation: Simic v Prasad [2017] NSWDC 158 Hearing dates: 26 and 27 April 2017, 8 June 2017 Date of orders: 29 June 2017 Decision date: 29 June 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Judgment for the defendants in relation to the Amended Statement of Claim; (2) The Amended Statement of Claim is dismissed; (3) The plaintiff is to pay the costs of the first and second defendants of the Amended Statement of Claim proceedings as agreed or assessed; (4) Liberty to the parties to apply on two business days' notice to vary the costs order in (3) above; (5) Judgment for the cross-claimant 3D against New Era Enterprises Australia Pty Ltd on the First Cross-Claim; (6) Judgment for Mr Simic and Ms Delaney on the First Cross-Claim; (7) The cross-claimant 3D is to pay the costs of Mr Simic and Ms Delaney of the First Cross-Claim as agreed or assessed; (8) Liberty to the parties to apply on two business days' notice to vary the costs order in (7) above; (9) The parties are to bring in short minutes of order within 7 days to reflect these reasons in relation to the First Cross-Claim together with any interest on the amount found; (10) Liberty to the parties to apply in relation to the costs of the First Cross-Claim of 3D against New Era Enterprises Australia Pty Ltd on two business days' notice; (11) Exhibits are to be returned after 28 days. Catchwords: Contract – identity of contracting party – whether the plaintiff was a party to the relevant contract – whether the plaintiff as a natural person can sue on behalf of a company – whether the plaintiff or another company was liable for allegedly unpaid invoices