Recent Cases

Elite Realty Development Pty Ltd v Sadek [2023] NSWCA 165 (19 July 2023) (Payne, Mitchelmore and Stern JJA)


Catchwords:


CONTRACTS – Duress – Illegitimate pressure – Affirmation – agreement to terminate property development joint venture – where one party entered agreement under duress – duress from gun attack – agreement performed by both parties – whether duress ended – whether performing agreement constituted affirmation – whether rescission barred by affirmation

CIVIL PROCEDURE – Hearings – Procedural fairness – whether affirmation pleaded at first instance – whether parties below conducted case on basis of affirmation

PARTNERSHIPS AND JOINT VENTURES – Joint venture agreements – Rights and duties between joint venturers – assets of joint venture – tracing – whether properties bought with joint venture funds

APPEALS – Point not taken below – Pleadings – new arguments raised on appeal – whether Court should hear new arguments – whether leave should be granted to amend notice of appeal

CORPORATIONS – Directors and officers – Directors’ duties – Fiduciary duties – where director personally entered deed – company not party to deed – where company involved in a joint venture – whether deed terminated joint venture – whether director breached duties – whether relief available – whether loss shown