Luben Petkovski v Kai Yin Huang [2018] NSWSC 1667

Luben Petkovski v Kai Yin Huang [2018] NSWSC 1667

The Court found Petkovski's conduct constituted unconscionable conduct and economic duress, by exploiting Huangs' special disadvantage, language and legal dependency, and applying pressure to secure interests in the property via Trust Deeds; misleading or deceptive conduct was established concerning undisclosed changes to lot area; trespass, nuisance, and minor encroachments occurred in some specific instances. Subsequent damages/compensation hearing was ordered as the appropriate relief would depend on quantification of losses and expert evidence.

Parties
First Plaintiff, First Cross Defendant: Luben Petkovski; Second Plaintiff, Second Cross Defendant: Diana Petkovski; Third Plaintiff, Third Cross Defendant: George Gashovski; Fourth Plaintiff, Fourth Cross Defendant: Lence Petkovski; Defendant, First Cross Claimant: Kai Yin Huang; Second Cross Claimant: Xuan Jing Huang
Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Principal Judgment (equity) / Liability Judgment; Orders for Subsequent Relief Hearing
Outcome
Unconscionable conduct, economic duress, and misleading/deceptive conduct found against cross-defendants; trespass and nuisance claims partially established; orders for relief hearing to assess damages and compensation.
Legal Topics
Unconscionable Conduct, Economic Duress, Misleading or Deceptive Conduct, Trespass, Nuisance, Encroachment, Trusts, Agent's Duty, Constructive Trust, Compensation, Australian Consumer Law
Equity Property Law Contract Law Tort Law Consumer Law Unconscionable Conduct Economic Duress Misleading or Deceptive Conduct +8 more

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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

Procedural Posture

Principal Judgment (equity) / Liability Judgment; Orders for Subsequent Relief Hearing

Legal Issues

  1. 1 Whether cross-defendants engaged in unconscionable conduct, economic duress, and misleading or deceptive conduct regarding property purchase/subdivision and trust deeds
  2. 2 Whether trespass, nuisance and encroachment occurred between parties in subdivided properties
  3. 3 Whether Trust Deeds can be set aside or compensation is payable

Ratio Decidendi

The Court found Petkovski's conduct constituted unconscionable conduct and economic duress, by exploiting Huangs' special disadvantage, language and legal dependency, and applying pressure to secure interests in the property via Trust Deeds; misleading or deceptive conduct was established concerning undisclosed changes to lot area; trespass, nuisance, and minor encroachments occurred in some specific instances. Subsequent damages/compensation hearing was ordered as the appropriate relief would depend on quantification of losses and expert evidence.

Court Disposition

Unconscionable conduct, economic duress, and misleading/deceptive conduct found against cross-defendants; trespass and nuisance claims partially established; orders for relief hearing to assess damages and compensation.

Orders

  • Order for parties to submit Short Minutes of Order giving effect to judgment.
  • Order for subsequent hearing regarding damages and other relief to be fixed.