Damcevski v Demetriou [2017] NSWSC 1224

Supreme Court New South Wales

Medium Neutral Citation: Damcevski v Demetriou [2017] NSWSC 1224 Hearing dates: 30 August 2017 Date of orders: 08 September 2017 Decision date: 08 September 2017 Jurisdiction: Equity Before: Parker J Decision: Summary judgment application refused and freezing orders extended Catchwords: Contracts – summary judgment – dispute between solicitor and client concerning unpaid fees – settlement agreement providing for solicitor's client to pay barrister – construction – consideration – provision for entry into formal deed – binding nature of agreement – conditions yet to be fulfilled – subsequent conduct of parties – overlap with undetermined issues Civil Procedure – freezing orders – sale of property by related company at alleged undervalue – insufficient evidence of dissipation of assets – continuation of orders against defendant's property Legislation Cited: Contracts Review Act 1980 (NSW) Cases Cited: Cardile v LED Builders Pty Ltd (1999) 198 CLR 380; [1999] HCA 18 Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603; [2009] NSWCA 407 G Scammell and Nephew Ltd v HC and JG Ouston [1941] AC 251 Masters v Cameron (1954) 91 CLR 353; [1954] HCA 72 Category: Procedural and other rulings Parties: Bobi Damcevski (Plaintiff) Emilios Demetriou (First Defendant) Janette Linda Ashley (Second Defendant) Georgina Demetriou (Third Defendant) SPC & Co Pty Ltd (Fourth Defendant) Ventry Gray (Fifth Defendant) Representation: Counsel: MJ Stevens (Plaintiff) LMR Chapman (First Defendant) VRW Gray (Fifth Defendant) JB Whittle SC/D Neggo (Willows Country Club Pty Ltd)