Plaintiff v Defendants

(#_Ref519084317)

the Fetter Omission

Alleged omission by Fetter to advise Jafari of the difference in law between an interest in a partnership or joint venture agreement and a mere contractual interest

G.4

the First Contract of Sale

Contract of sale of the Properties for $1.2 million dated 1 May 2009

(#_Ref505950365)

the Colonial Facility

Loan, initially $504,000.00 to 63 Buckley for a 2 year term

(#_Ref519084430)

the Failure to Disclose

Alleged failure by Jafari to disclose that the Properties were heavily contaminated or that they were a decommissioned dry cleaners and therefore highly likely to be contaminated

H.3

Fairview

Fairview Developments Pty Ltd

(#_Ref519084546)

Colonial

Colonial First State Investment Ltd

(#_Ref519084575)

Landmark

Landmark Investments Pty Ltd

(#_Ref511034816)

Preston Rowe

Preston Rowe Paterson Melbourne Pty Ltd trading as PRP Valuers and Consultants

(#_Ref515355387)

Kamal's Contract

Contract of sale of the Properties for $1.12 million dated 18 June 2008

(#_Ref519085257)

Taylor

Benjamin Taylor of Alpha Environmental

(#_Ref505004249)

Gangemi

Antonio Gangemi

(#_Ref505157562)

the First Hosking Valuation

Valuation undertaken by Hosking dated 17 August 2009 valuing the Properties at $2.3 million

(#_Ref505074938)

Klonis

Harry Klonis of Klonis Kirby & Co

(#_Ref514245948)

Melbourne Legal

Melbourne Legal Partners Pty Ltd

(#_Ref505074199)

Sutherland Farrelly

Sutherland Farrelly Pty Ltd

(#_Ref506974356)

Bonvino

Grace Bonvino

(#_Ref505782081)

Perpetual

Perpetual Nominees Ltd

(#_Ref513629561)

Low

Simon Low

(#_Ref520391017)

Smith

Michael Smith

(#_Ref506368446)

Hosking

Michael Hosking of Egan National Valuers (Vic)

(#_Ref506365159)

the Purported 2008 Deed

Deed alleged to have been signed by Jafari in 2008 establishing the Trust

(#_Ref507492074)

the Original Agreement

The Terms Sheet, the Side Agreement and the First Contract of Sale

(#_Ref509577939)

Bright

Richard Bright of Alpha Environmental

(#_Ref519518033)

McDonnell

Keith McDonnell

(#_Ref505157930)

Fetter

Michael Fetter of Fetter Gdanski

(#_Ref506455243)

Tract Consultants

Tract Consultants Pty Ltd

(#_Ref509570861)

the Site

The site on which the Properties were located

(#_Ref509570867)

the First Fetter Representation

Alleged representation by Fetter that there was no material difference between the words "joint venture" and "profit share" in the context of the Proposed Terms

G.3

the First FVG Valuation

Valuation undertaken by FVG Property Consultants and Valuers dated 18 July 2008 valuing the Properties "as is" at $2.5 million

(#_Ref520700596)

Oriti

Tony Oriti

(#_Ref508181382)

Jafari

Kourosh Jafari

(#_Ref506974071)

Pizarro

Mario Pizarro

(#_Ref511031869)

Melbourne Properties

Melbourne Properties Investments Pty Ltd

(#_Ref506978467)

the Second Hosking Valuation

Valuation undertaken by Hosking dated 12 August 2010 valuing the Properties at $3 million

(#_Ref518466704)

the First PRP Valuation

Valuation undertaken by PRP Valuers and Consultants in July 2008 valuing the Properties "as is" at $1.4 million with a permit or $1.3 million without a permit

(#_Ref520699732)

Faars

Faars Pty Ltd

(#_Ref518466727)

the Second PRP Valuation

Valuation undertaken by Preston Rowe dated 3 December 2010 valuing the Properties at $800,000.00

(#_Ref520699806)

the Brown Valuation

Valuation undertaken by Brown dated 23 February 2017 valuing the Properties at $1.2 million as at May 2009

(#_Ref520699908)

Kamal

Victor Kamal

(#_Ref507143983)

Maxcon

Maxcon Constructions Pty Ltd

(#_Ref506453925)

Brown

Les Brown of m3 Property (Vic) Pty Ltd

(#_Ref520109853)

the Joint Valuation Report

Joint expert report of Hosking and Brown concerning the value of the Properties

(#_Ref519093768)

the Side Agreement

Agreement dated 29 April 2009 providing that the balance of the purchase price is not payable at settlement and forms part of vendor finance

(#_Ref515366903)

Bolden

Christopher Bolden

(#_Ref507152786)

the Second Fetter Representation

Alleged representation by Fetter that offering a reduced or nominal price to Perpetual would not alter Jafari's or 63 Buckley's position or security under the Original Agreement

G.10

the Second FVG Valuation

Valuation undertaken by FVG Property Consultants and Valuers dated 5 August 2008 valuing the Properties "as is" at $1.6 million

(#_Ref519671523)

the 2009 Contamination Representation

A representation that contamination would not present any material difficulties

(#_Ref519671545)

the 2009 Deed

Deed establishing the Trust, executed by Jafari on 27 May 2009 as trustee and by power of attorney of his mother

(#_Ref520446495)

Surf Shack

The Surf Shack Restaurant Pty Ltd

(#_Ref519093705)

the Report

Report prepared by Bright concerning soil sampling conducted on the Site dated 15 November 2010

(#_Ref515360432)

the Alleged May 2009 Agreements

Alleged variations to the Original Agreement, Jafari and 63 Buckley's consent to the Perpetual Contract and the execution of the Irrevocable Authority

G.17

Asana

Asana Investments Pty Ltd

(#_Ref519093411)

Elzain

Anthony Elzain of Maxcon

335

Estate Master

A software program used by valuers