Equititrust Corp v Boscorp Pty Ltd & Ors [2006] QSC 216

State Reporting Bureau JzcOtZj QSC Zlb Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION CHESTERMAN J No 9622 of 2004 EQUITITRUST CORP and BOSCORP PTY LTD and MARIA BOSILJEVAC and STEVO BOSILJEVAC and STEVE ZELJKO BOSILJEVAC BRISBANE ..DATE 31/07/2006 JUDGMENT WARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 REVISED COPIES ISSUED State Reporting Bureau Date: 4 August, 2006 Plaintiff First Defendant Second Defendant Third Defendant Fourth Defendant 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- HIS HONOUR: In this action, 9622 of 2004, the plaintiff seeks to recover moneys advanced by it to the first defendant which were guaranteed by the second, third and fourth defendants. Each of those were directors and shareholders of the first defendant Boscorp Pty Ltd. Another company has been added and has become plaintiff by counterclaim, that is, Boscorp No 1 Pty Ltd. That company is owned and controlled solely by the fourth defendant Mr Steve Bosiljevac Jr, the son of the second and third defendants. This action was called on for trial this morning after I had tried another related action, 3793 of 2005. The plaintiff was the same, but the defendants in that action were Mr Stevo Bosiljevac and Mrs Maria Bosiljevac. I have reserved judgment in that action. In the course of it, Mrs Bosiljevac appeared for herself and her husband and gave evidence. She became quite distressed and emotional, and when I indicated that I would be obliged on the evidence to give judgment against her and her husband, they left and declined to stay for the hearing of the second action. None of the other defendants in that action, that is, 9622 of 2004, have appeared, though they have been called. It is clear from some evidence given by Mrs Bosiljevac that her son Steve knows that the trials of these actions were to proceed today. He has chosen not to come. It follows that both Boscorp Pty 'Ltd and Boscorp No 1 Pty Ltd also knew that today was set down as the first day of the trial against the 31072006 BLP (Chesterman J) 2 JUDGMENT -- 2 of 3 -- companies. It is therefore appropriate to continue ex parte and deal with the plaintiff's case. The defendants, I make it abundantly clear, have had adequate notice of the trial and have chosen for their own reasons not to appear to resist it. The claim is one for moneys advanced on six separate occasions by Equititrust Limited to Boscorp. The details of the advances appear in the statement of claim and in the affidavit of Mr Mclvor, who speaks for the plaintiff in his affidavit of 14 December 2004 in action 9622 of 2004. Moneys were advanced to enable Boscorp to conduct some property development at the .Gold Coast. The advances are fully documented, as is the obligation of the second, third, and fourth defendants to guarantee the payment of moneys advanced to Boscorp by the plaintiff. It is clear from Mr James' affidavit, filed this morning by leave, that there is a balance outstanding. Some moneys have been recovered; some have been repaid; but of the moneys advanced, together with interest, there is an outstanding debt owed by Boscorp Pty Ltd of $2,614,245.92. I therefore give judgment for that amount against the first, second, third, and fourth defendants, and I make orders in terms of the draft handed to me by Mr Jackson, which I initial. 31072006 BLP (Chesterman J) 1 10 20 30 40 50 3 JUDGMENT 60 -- 3 of 3 --