Stekovic v Radovanovic (No 2) [2023] NSWSC 1602

Stekovic v Radovanovic (No 2) [2023] NSWSC 1602

The appropriate orders to give effect to the previous judgment are a declaration of a binding and enforceable agreement evidenced by specific correspondence; a direction to the defendant to authorise disbursement by the stakeholder of $225,000 to the plaintiffs; an award of interest under section 100 of the Civil Procedure Act 2005 (NSW); dismissal of the defendant's cross-summons; and an order for costs to the plaintiffs. The more elaborate orders sought by plaintiffs were unnecessary, and the defendant did not establish grounds for a stay of the orders.

Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Equity Proceedings / Post Judgment; Orders to Give Effect to Previous Judgment
Outcome
Judgment and orders for plaintiffs; cross-summons dismissed; no stay of orders granted
Legal Topics
['form of Declaration and Orders to Give Effect to Previous Judgment']
['practice and Procedure'] ['form of Declaration and Orders to Give Effect to Previous Judgment']

Case Brief

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Procedural Posture

Equity Proceedings / Post Judgment; Orders to Give Effect to Previous Judgment

Legal Issues

  1. 1 ['Appropriate form of declaration to reflect binding and enforceable agreement' 'Whether to order specific performance and in what terms' 'Entitlement to interest under section 100 of the Civil Procedure Act 2005 (NSW)' 'Entitlement to costs' 'Dismissal of cross-summons' 'Whether to grant a stay of orders pending appeal']

Ratio Decidendi

The appropriate orders to give effect to the previous judgment are a declaration of a binding and enforceable agreement evidenced by specific correspondence; a direction to the defendant to authorise disbursement by the stakeholder of $225,000 to the plaintiffs; an award of interest under section 100 of the Civil Procedure Act 2005 (NSW); dismissal of the defendant's cross-summons; and an order for costs to the plaintiffs. The more elaborate orders sought by plaintiffs were unnecessary, and the defendant did not establish grounds for a stay of the orders.

Court Disposition

Judgment and orders for plaintiffs; cross-summons dismissed; no stay of orders granted

Orders

  • ["A declaration that an immediately binding and enforceable agreement was made on 3 June 2022 between the plaintiffs and the defendant as evidenced by letter dated 2 June 2022 from the defendant's solicitors to the plaintiffs' solicitors and email dated 3 June 2022 from the plaintiffs' solicitors to the defendant's...