E J Cooper & Son Pty Limited v Galdes [2015] NSWSC 1335

E J Cooper & Son Pty Limited v Galdes [2015] NSWSC 1335

As the 'Owner' cannot agree on distribution, the plaintiff is entitled to pay the deposit into court, and until entitlement is resolved by the parties or a competent court, the funds will remain in court.

Parties
Plaintiff: E J Cooper & Son Pty Limited; First Defendant: George Galdes; Second Defendant: Carmen Galdes; Third Defendant: Ivan Zalac; Fourth Defendant: Margaret Zalac
Jurisdiction
Australia
Judgment Date
10 September 2015
Procedural Posture
Principal Judgment / Orders Following Hearing
Outcome
Plaintiff ordered to pay deposit into court; related cross-claim stood over.
Legal Topics
Vendor and Purchaser, Deposit, Joint Obligations, Family Property Dispute
Equity Vendor and Purchaser Deposit Joint Obligations Family Property Dispute

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Parties

E J Cooper & Son Pty Limited

Plaintiff

George Galdes

First Defendant

Carmen Galdes

Second Defendant

Ivan Zalac

Third Defendant

Margaret Zalac

Fourth Defendant

Procedural Posture

Principal Judgment / Orders Following Hearing

Legal Issues

  1. 1 Whether deposit to be paid to 'Owner' consisting of four vendors
  2. 2 Whether each vendor can receive one quarter of deposit
  3. 3 Whether a joint debt exists between vendors

Ratio Decidendi

As the 'Owner' cannot agree on distribution, the plaintiff is entitled to pay the deposit into court, and until entitlement is resolved by the parties or a competent court, the funds will remain in court.

Court Disposition

Plaintiff ordered to pay deposit into court; related cross-claim stood over.

Orders

  • Declarations 1 and 2 in the amended summons, with addition to order 2(a) as specified.
  • Plaintiff to pay $863,000 into court within seven days of delivery of specified documents.