Lowe v Pascoe (No 11) [2021] NSWSC 1375

Supreme Court New South Wales

Medium Neutral Citation: Lowe v Pascoe (No 11) [2021] NSWSC 1375 Hearing dates: 21 October 2021 Date of orders: 28 October 2021 Decision date: 28 October 2021 Jurisdiction: Equity Before: Emmett AJA Decision: See paragraph 13 of the decision Catchwords: EQUITY — Payment received from partnership fund — Whether plaintiffs should account for payment — Nature of payment — Whether repayment or loan RESTITUTION — Restitution for wrongdoing — Equity — Account of profits Cases Cited: Lowe v Pascoe (No 9) [2021] NSWSC 163 Lowe v Pascoe (No 10) [2021] NSWSC 1232 Category: Consequential orders Parties: Proceedings 2005/262284 Geoffrey Alan Lowe (First Plaintiff) Mary Lowe (Second Plaintiff) Scott Pascoe as Trustee of the Estate of the late Kut Sze Tu (First Defendant) Margaret Sze Tu (Second Defendant) Helen Sze Tu (Third Defendant) Janet McNamara (Fourth Defendant) Shiu Shing (Sunly) (Fifth Defendant) Shie How (Gordon) Sze Tu (Sixth Defendant) Shiu Shing (Sunly) Sze Tu as Administrator of the Estate of the late FC Chow (Seventh Defendant)

Proceedings 2017/325815 Shiu Shing (Sunly) Sze Tu as Administrator of the Estate of the late FC Chow (First Plaintiff) Shiu Shing (Sunly) Sze Tu (Second Plaintiff) Shie How (Gordon) Sze Tu (Third Plaintiff) Scott Pascoe as Trustee for the Estate of the late Kut Sze Tu (First Defendant) Geoffrey Alan Lowe (Second Defendant) Mary Lowe (Third Defendant) Margaret Sze Tu (Fourth Defendant) Helen Sze Tu (Fifth Defendant) Janet McNamara (Sixth Defendant) Representation: Counsel: