Mohareb v Jankulovski [2014] NSWSC 745

Mohareb v Jankulovski [2014] NSWSC 745

The plaintiff admitted in affidavit and via counsel agreement that he is obliged to return the two 'settlement dongles' to the defendants, and no sufficient justification exists for withholding them; thus, an order should be made for their return.

Jurisdiction
Australia
Judgment Date
10 June 2014
Procedural Posture
Civil / Procedural Interlocutory Application
Outcome
Proceedings listed for further mention; order plaintiff to return dongles; costs reserved.
Legal Topics
['return of Property' 'settlement Agreement' 'specific Performance']
['civil Procedure'] ['return of Property' 'settlement Agreement' 'specific Performance']

Case Brief

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Procedural Posture

Civil / Procedural Interlocutory Application

Legal Issues

  1. 1 ["Whether the plaintiff is required to return the two 'settlement dongles' to the defendants" 'Whether the defendants are entitled to an order for the return of the dongles provided as part of a proposed settlement agreement']

Ratio Decidendi

The plaintiff admitted in affidavit and via counsel agreement that he is obliged to return the two 'settlement dongles' to the defendants, and no sufficient justification exists for withholding them; thus, an order should be made for their return.

Court Disposition

Proceedings listed for further mention; order plaintiff to return dongles; costs reserved.

Orders

  • ['Order that the proceedings be listed for mention before Harrison J at 9.30 am on Tuesday 17 June 2014.' 'Order that the plaintiff return to the defendants the two dongles handed to him on 4 February 2013 within 7 days.' 'Reserve the question of costs.']