Amil Dlakic by his tutor Liliane Dlakic v Michael John Vaughan [2018] NSWSC 1455

Supreme Court New South Wales

Medium Neutral Citation: Amil Dlakic by his tutor Liliane Dlakic v Michael John Vaughan [2018] NSWSC 1455 Hearing dates: 12-15 March 2018, 12 June 2018 Decision date: 27 September 2018 Jurisdiction: Equity Before: Robb J Decision: 1. In principle, the plaintiff has established a right to have the deed described as the "buyback agreement" set aside.

2. In principle, the plaintiff has established a right to be registered as the owner of one share in the company called Davlite Pty Ltd.

3. The plaintiff has failed to establish an entitlement to damages for negligent advice by the defendant in relation to the entry by the plaintiff into loan agreements with Dr and Ms Vince and Mr Aysan Fetin.

4. See paragraphs 471 to 482 for a consideration of the issues involved in completing these proceedings and the making of appropriate case management orders.

5. The parties are to consider the terms of appropriate short minutes of order to give effect to these reasons and to make appropriate case management orders and to list the matter by arrangement with the associate to Robb J for the making of orders.

6. The Court will hear the parties as to whether it is appropriate for costs orders to be made at this stage of the proceedings, and if it is what those costs orders should be. Catchwords: CONTRACTS — Buyback agreement — a contract between the parties for the repurchase of a legal practice by the previous vendor

CONTRACTS — Undue influence — whether an agreement should be set aside on the basis of undue influence

CONTRACTS — Unconscionable conduct — Special disadvantage — whether an agreement should be set aside on the basis of the defendant taking advantage of a special disadvantage of the plaintiff — the defendant found to have taken advantage of a special disadvantage suffered by the plaintiff — the plaintiff is entitled to an order setting aside the agreement