NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Stals v Zhu [2018] NSWDC 343 Hearing dates: 25 September 2018 Date of orders: 25 September 2018 Decision date: 25 September 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendant called outside Court 13A three times at 10:47am – No appearance. (2) Judgment for the plaintiff for $367,634.36. (3) The defendant is to pay the plaintiff's costs of and incidental of the assessment of damages. (4) Exhibits retained for 28 days. (5) The plaintiff is to notify the defendant of these orders within 7 days of the entry of these orders onto JusticeLink. Catchwords: CONTRACT – plaintiff and defendant enter into contract for sale of real estate – defendant pays first but not second instalment of the deposit – plaintiff terminates contract and seeks compensation for shortfall in sale of property and "styling" expenses – no issue of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 29.7 Cases Cited: Buchanan v Dunstan [2007] NSWSC 248 Jampco Pty Ltd v Cameron (No 2) [1985] 3 NSWLR 391 Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365 Category: Procedural and other rulings Parties: Plaintiff: Gillian Stals Defendant: Olga Zhu Representation: Counsel: Plaintiff: Mr D Hughes Defendant: No appearance
Solicitors: Plaintiff: Saville Partners Pty Ltd Defendant: No appearance File Number(s): 2017/340596 Publication restriction: None
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