On 16 March 2020 Longton Legal filed a Writ and a Statement of Claim in the County Court of Victoria on behalf of our clients Jerry Perczyk and his company East Gippsland Resources Pty Ltd claiming damages for a breach of contract and a claim for unjust enrichment under the Australian Consumer Law against Robert Cameron McMicking and Tropag Pty Ltd (“the defendants”).
On 30 June 2021 Her Honour Judge A Ryan handed down judgement in favour of our client, Jerry Perczyk.
Summary Of The Case
In 2013 our client Jerry Perczyk decided to sell a property. He commenced negotiating with Robert McMicking an agent to sell the property and in January 2014 agreed to loan Robert McMicking the amount of $200,000 interest free for a period of 6 months which was contingent on the sale of his property for $1.3M.
The contract was cemented by emails. There was no formal agreement. Robert McMicking breached the contract, when he failed to enter into a contract for sale for Jerry Perczyk's property or repay the loan.
In November 2014, Jerry Perczyk lent Robert McMicking a further $25,000. This money was never repaid. In December 2014, Jerry Perczyk lent Robert McMicking $5000 and $2000 was repaid.
The Court found that Jerry Perczyk had advanced 3 loans to Robert McMicking to which he was personally liable and he had not repaid the loans.
The Court entered judgment against Robert McMicking in the amount of $228,000 plus interest plus legal costs.
In the absence of payment of the judgement debt, the client will bankrupt the defendant.
The decision can be found on the following link in Austlii.
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