Wane v Benwest Investment Services Pty Limited [2021] NSWSC 546

Supreme Court New South Wales

Medium Neutral Citation: Wane v Benwest Investment Services Pty Limited [2021] NSWSC 546 Hearing dates: 15 April; 21 April; 19 May 2020 Decision date: 19 May 2021 Jurisdiction: Common Law Before: Ierace J Decision: (1) Judgment for the plaintiff in the amount of US$838,109.09; (2) Pursuant to s 100 of the Civil Procedure Act 2005 (NSW), interest on the amount of the judgment be paid by the defendants to the plaintiff at the maximum rate that is prescribed, from 3 November 2017 up to and including today's date; (3) The parties to provide, by email to chambers, short minutes calculating the amount in order (2) within a period of 14 days of the date of these orders. In default, direct each party to prepare a one-page calculation of the relevant amount, within a period of 14 days of the date of these orders; (4) The defendants to pay the costs of the proceedings. Catchwords: CIVIL PROCEDURE – Application for summary judgment – Deeds of settlement – Construction of deeds – Extrinsic evidence – Prior negotiations Legislation Cited: Civil Procedure Act 2005 (NSW), ss 90, 100 Uniform Civil Procedure Rules 2005 (NSW), rr 13.1, 36.1 Cases Cited: Agricultural & Rural Finance P/L v Gardiner & Anor (2008) 238 CLR 570; [2008] HCA 57 Charub Pty Ltd v Triandafyllou [2019] NSWSC 487 Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337; [1982] HCA 24 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87; [1983] HCA 25 Category: Principal judgment Parties: Louis Wane (Plaintiff) Benwest Investment Services Pty Limited (First Defendant) Anthony Bennett (Second Defendant) Representation: Counsel: Ms K Petch (Plaintiff) Mr D Brezniak (Defendants)