Wong v Novakovic

The matter of Wong v Novakovic involved the plaintiff seeking to have a contract declared unjust and for a writ of possession to be issued against the defendant. The dispute was heard in the Supreme Court of New South Wales. The plaintiff, Mr. Wong, alleged that a contract made with the defendant, Mr. Novakovic, was unjust at the time it was formed and sought to have it reviewed under the Contracts Review Act 1980 (NSW). Additionally, Mr. Wong applied for leave to issue a writ of possession in respect of a property that was the subject of the contract.

The court was required to determine whether the contract was unjust in the circumstances at the time it was made and, if so, to what extent the contract should be reviewed or set aside. The court also had to consider whether the contract was unjust in a way that warranted granting leave to issue a writ of possession.

In delivering the judgment, the court found that while Mr. Novakovic may have exerted some pressure on Mr. Wong to sign the contract, the contract was not unjust in the relevant sense. The court noted that the pressure did not rise to the level required to deem the contract unjust under the relevant statute. Consequently, the court dismissed the application for the contract to be reviewed. The court, however, granted the application for leave to issue a writ of possession as it found that Mr. Wong was entitled to possession of the property based on the terms of the contract and the circumstances at the time of the agreement.

The court ordered that leave be granted for a writ of possession to be issued in favour of the plaintiff. The contract was not to be reviewed, and the defendant was to be ordered to vacate the property as per the terms of the contract.