Europlex Pty Ltd v Unique Living Australia Pty Ltd; Unique Living Australia Pty Ltd v Europlex Pty Ltd [2018] NSWSC 1291

Supreme Court New South Wales

Medium Neutral Citation: Europlex Pty Ltd v Unique Living Australia Pty Ltd; Unique Living Australia Pty Ltd v Europlex Pty Ltd [2018] NSWSC 1291 Hearing dates: 1 - 2 August 2018 Decision date: 21 August 2018 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Plaintiff's claim to be dismissed; cross-claimant entitled to contractual damages Catchwords: BUILDING AND CONSTRUCTION – agreement to develop property at Terrigal - agreement to share any profit – whether any profit yet achieved – whether like agreement exists in relation to further property at East Gosford

CONTRACTS — formation — consideration – where parties entered oral agreement to develop property and share profit – where agreement confirmed by email – where parties subsequently executed formal building contract – whether formal contract is binding – whether formal contract is a sham

COMMERCE – misleading or deceptive conduct —whether directors of builder made representations that were misleading or deceptive – whether representee understood those representations were made on behalf of company of which representor a director –whether representations relied on Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Lewis v Condon (2013) 85 NSWLR 99; [2013] NSWCA 204 Category: Principal judgment Parties: Europlex Pty Limited (First Plaintiff/First Cross-Defendant) Radoslav Minarovic (Second Plaintiff/Second Cross-Defendant) Unique Living Australia Pty Limited (Defendant/Cross-Claimant) Roman Cerny (Third Cross-Defendant) Representation: Counsel: D Allen (Plaintiffs/Cross-Defendants) I G Roberts SC with D J Byrne (Defendant/Cross-Claimant)