Richard Parsons

Riva NSW Pty Ltd v Key Nominees Pty Ltd [2016] NSWSC 1569

PROPERTY – earlier order that plaintiffs may only commence proceedings seeking relief concerning 2006 mortgagee sale with leave – whether leave should be granted – whether leave should be subject to terms that plaintiffs pay all outstanding costs orders and provide security for the costs of proposed proceedings

Richard Parsons and Madeleine Bridgett appeared for the defendant.

Helensburgh Property Management Pty Ltd v Brady [2016] NSWSC 253

DAMAGES – where the defendant in breach of contract in poaching clients during and after employment with plaintiff – whether plaintiff entitled to damages assessed on basis of diminution in value of rent roll – whether clients would have left the plaintiff irrespective of defendant’s breach – assessment on basis of lost commissions

Richard Parsons appeared for the defendant.

Diao v Cohen [2016] NSWSC 96

CONTRACT – Agreement – Subject to contract – Whether parties intended to be immediately bound - No written agreement signed as contemplated – Held, no contract

RESTITUTION – Moneys had and received – Failure of consideration – Change of position defence – Whether inequitable to require recipient to pay

Richard Parsons appeared for the successful plaintiff

Ferella v Key Nominees Pty Limited [2015] NSWCA 401

PRACTICE – summary dismissal – application for leave to appeal – order preventing re-litigation of the same cause of action without leave – whether fresh proceedings within scope of order – no error in decision of primary judge – no explanation for why leave not sought

LEGISLATION - Real Property Act 1900 (NSW), s 58

Richard Parsons appeared

Helensburgh Property Management Pty Ltd v Brady [2015] NSWSC 1861

CONTRACT – where defendant employed as property manager in real estate agency – where employment agreement included obligations in respect of confidential information – whether defendant in breach in poaching clients, setting up business in competition and misusing confidential information whilst still employed with plaintiff. 
RECTIFICATION – where post-employment restraint in original contract of 6 months and 15 kilometres from office – where new contract included different restraint – 12 months in area not including the relevant office - whether mistake – whether agreement should be rectified.

Richard Parsons appeared

Trajkovski v Asiapac Securities Pte Ltd [2015] NSWSC 1432

CIVIL PROCEDURE – validity of credit agreement – application to file amended summons – security for costs – threshold issue – relevant considerations under UCPR 42.21(1A) – whether company incorporated in Singapore should be ordered to give security for costs