Josifovski & Ors v Page [2010] NSWDC 177

Josifovski & Ors v Page [2010] NSWDC 177

The Court rejected Mr Page as a witness of credit, found that documents relied on by him concerning Eagle Wireless, Karl Suleman Enterprizes and Smugglers Cove were fabricated, and preferred Mr Josifovski's evidence. The transactions were with Mr Page personally, not Page Equities, and were contractual rather than partnerships. Because the plaintiffs' funds were not applied to the promised share acquisitions or property interests and Mr Page made false representations about those transactions, the plaintiffs established total failure of consideration and deceit.

Jurisdiction
Australia
Judgment Date
18 August 2010
Procedural Posture
District Court Civil / Judgment After Hearing
Outcome
Verdict and judgment for the plaintiffs.
Legal Topics
['commercial Transactions' 'contractual Relationships' 'partnerships' 'credit' 'fabrication of Documents' 'total Failure of Consideration' 'deceit']
['commercial Law' 'contract Law' 'tort Law'] ['commercial Transactions' 'contractual Relationships' 'partnerships' 'credit' 'fabrication of Documents' 'total Failure of Consideration' 'deceit']

Case Brief

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Procedural Posture

District Court Civil / Judgment After Hearing

Legal Issues

  1. 1 ['Which of the parties was to be believed concerning the events surrounding their commercial transactions.' 'The basis upon which those transactions were undertaken.' 'The parties to those transactions.' 'The basis for any liability of Mr Page.']

Ratio Decidendi

The Court rejected Mr Page as a witness of credit, found that documents relied on by him concerning Eagle Wireless, Karl Suleman Enterprizes and Smugglers Cove were fabricated, and preferred Mr Josifovski's evidence. The transactions were with Mr Page personally, not Page Equities, and were contractual rather than partnerships. Because the plaintiffs' funds were not applied to the promised share acquisitions or property interests and Mr Page made false representations about those transactions, the plaintiffs established total failure of consideration and deceit.

Court Disposition

Verdict and judgment for the plaintiffs.

Orders

  • ['Verdict and judgment for Mr Josifovski in the sum of $61,083.68.' 'Verdict and judgment for Highwaygames.com in the sum of $170,485.34.' 'The defendant is to pay the plaintiffs costs of the proceedings. This order is suspended for seven days to allow either party to list the proceedings for further argument on the...