Milanka Zugic v Jeremy Clarke [2014] NSWSC 1231

Milanka Zugic v Jeremy Clarke [2014] NSWSC 1231

Because there was an arguable case for the existence of a joint venture, money had been paid from the first plaintiff's accounts into or on behalf of a business conducted by the defendants, and the balance of convenience favoured allowing supply contracts to be fulfilled without prejudicing either side, the Court made mutual interlocutory restraint and accounting orders until further order.

Jurisdiction
Australia
Judgment Date
27 March 2014
Procedural Posture
Interlocutory Applications / Interlocutory Application
Outcome
Interlocutory orders made until further order; costs to be costs in the cause.
Legal Topics
['joint Venture' 'interlocutory Injunction' 'account of Profits' 'part Performance' 'balance of Convenience']
['contract Law' 'equity' 'civil Procedure'] ['joint Venture' 'interlocutory Injunction' 'account of Profits' 'part Performance' 'balance of Convenience']

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Procedural Posture

Interlocutory Applications / Interlocutory Application

Legal Issues

  1. 1 ['Whether there was an arguable case for the existence of a joint venture agreement between the parties.' "Whether interlocutory orders should be made to allow contracts for the supply of pre-cast concrete panels to be fulfilled while preserving the parties' positions." 'Whether the parties should account for property and profits relating to the pre-cast concrete business from 14 March 2014.']

Ratio Decidendi

Because there was an arguable case for the existence of a joint venture, money had been paid from the first plaintiff's accounts into or on behalf of a business conducted by the defendants, and the balance of convenience favoured allowing supply contracts to be fulfilled without prejudicing either side, the Court made mutual interlocutory restraint and accounting orders until further order.

Court Disposition

Interlocutory orders made until further order; costs to be costs in the cause.

Orders

  • ['The defendants, and each of them, any related company, their servants or agents, be restrained from conducting a business for the supply of pre-cast concrete panels other than as part of a joint venture with one or more of the plaintiffs;' 'The plaintiffs, and each of them, any related company, their servants or...