Maroubra Pty Ltd v Murchison Queen Pty Ltd

The plaintiff, Maroubra Pty Ltd, sought relief in relation to the sale of a mining operation known as the Eagle Hawk Mine. The first defendant, Murchison Queen Pty Ltd, and the second defendant, Jefto Radovanovic, denied that the plaintiff was entitled to the relief sought. By way of a counterclaim, the first and second defendants sought specific performance of a Memorandum of Understanding (MOU) dated 13 December 1999, among other things. The third defendant, Steve Uremovic, was not represented at the trial and was not the subject of any order. The court found that the MOU was a binding agreement and that the first defendant was entitled to specific performance of the MOU, subject to payment of the balance of the purchase price and other directions. The court dismissed the plaintiff's claim for relief and the first and second defendants' claim for relief pursuant to the so-called Caretaker Agreement. The court directed the parties to bring in a minute of proposed orders to carry the rulings into effect.