Saitannis v Katsolos (No 2) [2023] NSWSC 146

Supreme Court New South Wales

Medium Neutral Citation: Saitannis v Katsolos (No 2) [2023] NSWSC 146 Hearing dates: 5 - 9 September 2022 Date of orders: 27 February 2023 Decision date: 27 February 2023 Jurisdiction: Equity Before: Robb J Decision: The defendant to pay the plaintiffs $800,000 in equitable compensation. The plaintiffs to pay the defendant $24,000, offset against the equitable compensation payable by the defendant. Parties to bear their own costs. Consequential orders noting the agreement of the parties on certain details regarding the sale of the property the subject of the primary judgment. See [54] for orders. Catchwords: EQUITY — equitable remedies — equitable compensation — where plaintiffs' beneficial interest in real property not established — where parties have agreed on proposed orders JUDGMENTS AND ORDERS — costs — no order as to costs with the intent that the parties bear their own costs Legislation Cited: Civil Procedure Act 2005 (NSW), ss 98(1), 100 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (No 2) [2014] NSWCA 425 Oshlack v Richmond River Council (1998) 193 CLR 72 Saitannis v Katsolos [2022] NSWSC 1468 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Category: Consequential orders Parties: Helen Saitannis (First Plaintiff) Louis Saitannis (Second Plaintiff) Irene Katsolos (Defendant) Representation: Counsel: CD Wood SC & JRB Pearson (Plaintiffs) R O'Neill (Defendant)