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Lawyer’s removalist company faces misleading conduct claims
A legal practitioner’s NSW removalist company has faced allegations of misleading and deceptive conduct, but the accuser was ordered to pay more than $70,000 into a court before he can take them further.
Naomi Neilson
Dr Doron Goldbarsht, a legal practitioner, and his company, You Move Me Group, were hit with allegations of unconscionable conduct, breach of contract, and misleading and deceptive conduct while it provided consulting services between December 2016 and March 2017.
Goldbarsht and You Move Me Group claimed Jaydan’s case is barred by reason of a binding agreement but filed a cross-claim for $155,250 in damages if Jaydan’s case is dismissed for any other reason.
Prior to either case moving forward, Goldbarsht and You Move Me Group flagged an application for security of costs.
Before it could proceed, both parties agreed that Goldbarsht would pay $70,344 to the court for any costs order that may be made against the defendants, if Jaydan does the same with $73,000.
Although an order for security of costs was no longer needed, Judge Susanne Cole ordered Jaydan to pay security within a month and warned the statement of claim would be dismissed if this was not done.
In handing down the orders, Judge Cole said Goldbarsht and his company established there was a “real likelihood” Jaydan would not be able to satisfy any order made by the court for costs.
“The plaintiff has adduced no evidence concerning its own financial resources or the funds to which it may have access from those who stand behind it,” Judge Cole said in written reasons.
“The plaintiff has failed to address the evidential onus to rebut the defendant’s prima facie entitlement to an order for security of costs.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
