Luben Petkovski v Kai Yin Huang (No. 3) [2019] NSWSC 1566

Supreme Court New South Wales

Medium Neutral Citation: Luben Petkovski v Kai Yin Huang (No. 3) [2019] NSWSC 1566 Hearing dates: 10 & 11 September 2019 Date of orders: 14 November 2019 Decision date: 14 November 2019 Jurisdiction: Equity Before: Slattery J Decision: Conclusion that but for the first cross-defendant's misconduct the cross-claimants would have purchased one lot and had a 30% chance of acquiring two other lots, of the three lots they did not acquire. Catchwords: UNCONSCIONABLE CONDUCT – causation of loss –findings in principal judgment that the defendant/first cross-claimant deprived of the opportunity to purchase three of six properties by the first cross-defendant's misleading, deceptive and unconscionable conduct – wrongdoer deters an associate of the defendant/cross-claimants from sharing in the purchase of two of the six properties – on what basis should damages be assessed against the cross-defendants: on the basis that the cross-claimants would have purchased a single additional property or an additional three properties.

TRUSTS AND TRUSTEES – reimbursement and indemnity under Trust Deeds for trustees' trust-related expenditure – principal judgment makes a finding that the defendants/cross-claimants are trustees for the cross-defendants in the acquisition and development of certain properties – defendants/cross-claimants seek to set aside the Trust Deeds – defendants/cross claimants claim reimbursement and indemnity under the Trust Deeds for trustees' trust-related expenditure – whether their expenditure is recoverable. Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 - Australian Consumer Law, ss 18, 236 Property Stock and Business Agents Act 2002, s 49 Cases Cited: Henville v Walker (2001) 206 CLR 459 Houghton v Immer (No. 55) Pty Ltd (1997) 44 NSWLR 46 Luben Petkovski v Kai Yin Huang [2018] NSWSC 1667 Luben Petkovski v Kai Yin Huang (No. 2) [2019] NSWSC 1563 Ramsay v BigTinCan Pty Ltd (2014) 101 ACSR 415 Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 Category: Consequential orders (other than Costs) Parties: Luben Petkovski (first plaintiff, first cross-defendant) Diana Petkovski (second plaintiff, second cross-defendant) George Gashovski (third plaintiff, third cross-defendant) Lence Petkovski (fourth plaintiff, fourth cross-defendant) Kai Yin Huang (defendant, first cross-claimant) Xuan Jing Huang (second cross-claimant) Representation: Counsel: D A Moujalli (plaintiffs/cross-defendants) J S Wheelhouse SC, J E Doyon (defendant /cross-claimants)