Stepanoski v Aslan (No 3) [2019] NSWSC 1445

Supreme Court New South Wales

Medium Neutral Citation: Stepanoski v Aslan (No 3) [2019] NSWSC 1445 Hearing dates: 25, 26 June 2019; Submissions 9 August 2019 Decision date: 28 October 2019 Jurisdiction: Equity Before: Emmett AJA Decision: 1. Direct the plaintiffs to file and serve no later than 4 November 2019, any evidence on which they wish to rely in relation to costs together with draft orders and any submissions in support. 2. Direct the defendant to respond no later than 11 November 2019 together with evidence and written submissions. 3. List the matter for any further directions and judgment on Thursday 14 November 2019 at 9.45 am. Catchwords: CONTRACTS – extent to which defendant has been overpaid for work that had been completed before the Lump Sum Contract was terminated – whether the Lump Sum Contract was wrongly terminated by the plaintiffs or whether it was repudiated by the defendant.

DAMAGES – quantification of damages to which the plaintiffs or defendant would be entitled – differences in opinion evidence of expert witnesses – resolving differences without detailed cross-examination. Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Evidence Act 1995 (NSW) Cases Cited: ASIC v Rich (2005) 190 FLR 242; [2005] NSWSC 149 DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423; [1978] HCA 12 Stepanoski v Aslan [2018] NSWSC 1160 Stepanoski v Aslan (No 2) [2018] NSWSC 1916 Summers v Commonwealth (1918) 25 CLR 144; [1918] HCA 33 Category: Consequential orders (other than Costs) Parties: Tony Stepanoski (First Plaintiff/First Cross Defendant) Sonja Stepanoski (Second Plaintiff/Second Cross Defendant) Mohammad Jamal Aslan (also known as Jim Aslan) (Defendant/Cross Claimant) Representation: Counsel: P Folino-Gallo (Plaintiffs) D C Eardley (Defendant)