Modern Merchandising P/L v Brown

The plaintiff, Modern Merchandising Pty Ltd, sought damages from the first and second defendants for breach of contract and other relief against all defendants in relation to joint ventures entered into in 1993. The third and fourth defendants were involved in the disposal of some of the vehicles which formed the subject of the joint ventures. The first defendant counterclaimed for the return of monies allegedly expended on behalf of the plaintiff. The court found that the plaintiff and the first and second defendants entered into three joint ventures in 1993. The first defendant and the second defendant breached those joint ventures by acting fraudulently and deceitfully against the plaintiff. The court found that the plaintiff was the owner of the vehicles and that the first defendant's counterclaim had no basis. The court ordered that the plaintiff recover damages from the first defendant and that the first defendant's counterclaim be stayed. The court also ordered that the plaintiff recover costs from the first and third defendants.