Bauskis & Anor v Liew [2012] NSWSC 838

Bauskis & Anor v Liew [2012] NSWSC 838

The parties' legal relationship is governed by the Deed of Agreement, entitling them only to a share of net profits after expenses and adjustments for GST and rent; neither plaintiff proved entitlement to recover for management, supervision, labour, or any expenses claimed, as supporting evidence was lacking and the invoice amounts were admitted to have been fabricated.

Jurisdiction
Australia
Judgment Date
26 July 2012
Procedural Posture
Principal Judgment / Post Hearing (awaiting Further Submissions and Orders)
Outcome
Plaintiffs' claim dismissed; further submissions and orders pending.
Legal Topics
['joint Venture' 'validity of Deed' 'debt Recovery' 'services Rendered' 'proof of Expenditure' 'gst Liability']
['contract Law'] ['joint Venture' 'validity of Deed' 'debt Recovery' 'services Rendered' 'proof of Expenditure' 'gst Liability']

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Procedural Posture

Principal Judgment / Post Hearing (awaiting Further Submissions and Orders)

Legal Issues

  1. 1 ['Whether plaintiffs are entitled to recover for services rendered under a deed of agreement' 'Validity and effect of the Deed of Agreement' 'Entitlement to reimbursement of expenses' 'Appropriate adjustments for GST and rent' "Determination of parties' entitlement to sale proceeds"]

Ratio Decidendi

The parties' legal relationship is governed by the Deed of Agreement, entitling them only to a share of net profits after expenses and adjustments for GST and rent; neither plaintiff proved entitlement to recover for management, supervision, labour, or any expenses claimed, as supporting evidence was lacking and the invoice amounts were admitted to have been fabricated.

Court Disposition

Plaintiffs' claim dismissed; further submissions and orders pending.

Orders

  • ['On or before 10 August 2012, the parties file and serve written submissions on calculation of GST, necessity of further findings, GST undertakings, final form of orders, discrepancies relevant to orders, and costs.' 'Proceedings adjourned to a date to be fixed by Beech-Jones J.']