NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Deligiannidou v Sundarjee [2020] NSWSC 437 Hearing dates: 22 April 2020 Date of orders: 22 April 2020 Decision date: 23 April 2020 Before: Stevenson J Decision: Application for interim relief refused Catchwords: CONTRACTS – CONTRACT FOR SALE OF LAND – deposit – where contract provided for payment of deposit by cheque – where agent by email directed vendors to pay deposit by EFT to its trust account – where fraudster send subsequent email to vendors directing payment to a different account – deposit evidently lost – whether agent acting as vendor's agent for this purpose – whether relevant authority conferred on agent by term on the agency agreement Legislation Cited: Competition and Consumer Act 2010 (Cth), Schedule 2 – The Australian Consumer Law Cases Cited: Markson v Cutler [2007] NSWSC 1515 Category: Procedural and other rulings Parties: Efthalia Deligiannidou (First Plaintiff) Patrick Thomas Sven Holmes (Second Plaintiff) Hasmukh Sundarjee (First Defendant) Jesal Sundarjee (Second Defendant) Sans Souci Developments Pty Ltd t/as Caruana Real Estate (Third Defendant) Representation: Counsel: D Flaherty (Plaintiffs) R Yezerski (First and Second Defendants) J Ferguson (Third Defendant)
Solicitors: Mullick & Associates (Plaintiff) Pigott Stinson (First and Second Defendants) Coleman Greig Lawyers (Third Defendant) File Number(s): 2020/106801
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