SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Cobanov v Josifovski (No 2) |
Citation: | [2021] ACTSC 111 |
Hearing Dates: | 21 October 2019 – 24 October 2019, 16 June 2020 |
Submissions Last Received: | 1 July 2020 |
DecisionDate: | 3 June 2021 |
Reasons Date: | 4 June 2021 |
Before: | Loukas-Karlsson J |
Decision: | See [853] |
Catchwords: | PARTNERSHIP – whether common intention of parties to form partnership – whether property ‘partnership property’ – whether express term illegal or unenforceable as against public policy – where express term is for avoidance of paying capital gains tax – whether owed fiduciary obligations – remedies for breach of fiduciary duties – account of profits – equitable compensation – restitution – resulting trust CONTRACT – standard form building contract – whether inclusions list incorporated – whether rectification damages warranted – where owner sold the property TORTS – NEGLIGENCE – standard of care |
Legislation Cited: | Building Act 2004 (ACT) ss 42, 48 Civil Law (Property) Act 2006 (ACT) ss 201, 204 Statute of Frauds (1677) (29 Car 2) |
Cases Cited: | Bellgrove v Eldridge (1954) 90 CLR 613 Birtchnell v Equity Trustees Executors and Agency Co Ltd [1929] HCA 24; 42 CLR 384 |
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- [2021] ACTSC 111
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