Preview: Joint Venture Appeal Dismissed with Eli Ball and Victoria Caldwell
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It was a joint venture between developers gone wrong, involving a gun attack, allegations of duress, issues of affirmation and psychiatric injury, and breaches of fiduciary and directors’ duties. The dismissed appeal in Elite Realty Development Pty Ltd v Sadek [2023] NSWCA 165 involved a range of companies but essentially boiled down to two individuals, Mr Afyouni and Mr Sadek. Barrister Eli Ball 0f 7 Wentworth Selborne, Sydney, and senior associate Victoria Caldwell of Vincent Young Lawyers, Sydney, discuss their case. Published on: [15.02.2024]
Discussion Includes:
- Two cases
- Challenges in documents
- Facts of the case
- Key findings at first instance
- Grounds of appeal
- What is duress?
- What is affirmation?
- Delay in complaint after duress has ceased
- The Avoca appeal – what is de facto termination?
li>Why was Elite not eligible for compensation under s 1317H
li>Lessons of the case
Presenter Profiles
BIBLIOGRAPHY
Focus Case
- Elite Realty Development Pty Ltd v Sadek [2023] NSWCA 165
Benchmark Link
Judgment Link
https://www.caselaw.nsw.gov.au/decision/18966279e21b40a8322e7839
Cases
- Crescendo Management Pty Ltd v Westpac Banking Corporation (1988) 19 NSWLR 40
- Elite Realty Development Pty Ltd v Sadek [2022] NSWSC 1333
- Hawker Pacific v Helicopter Charter (1991) 22 NSWLR 298
Legislation
- J Corporations Act 2001 (Cth)