CCSG Legal Pty Ltd & Anor v Commonwealth Bank of Australia & Ors [2023] NSWSC 1276

Supreme Court New South Wales

Medium Neutral Citation: CCSG Legal Pty Ltd & Anor v Commonwealth Bank of Australia & Ors [2023] NSWSC 1276 Hearing dates: 27 October 2023 Date of orders: 27 October 2023 Decision date: 27 October 2023 Jurisdiction: Equity Before: Elkaim AJ Decision: I make the following orders: 1. Judgment for the first plaintiff and the second plaintiff against the second and third defendants in the sum of $145,282.20. 2. The second and third defendants are to pay pre-judgment interest in the sum of $2,256.85, calculated in accordance with s 100 of the Civil Procedure Act 2005 from 19 August 2023 to 27 October 2023. 3. The second and third defendants are to pay the costs of the first plaintiff and the second plaintiff. 4. Subject to order (5), within seven days, the first defendant is to transfer to the second plaintiff the whole of the amounts presently existing in the following accounts of the second and third defendant: (a) Account in the name of Karlin Julian Buxton-Bennett, BSB xxxxxx, Account No xxxxxxx. (b) Account in the name of Karlin Julian Buxton-Bennett TA Gemstone Pumps International, BSB xxxxxx Account No xxxxxxxx. 5. The amount transferred from the account described in order (4)(a) above is to be reduced by $124.76. 6. Compliance with orders (4) and (5) will be satisfied by the transfers being made to the following account: Account name: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. 7. For the avoidance of doubt, the freezing orders made by Robb J on 21 August 2023 and by Slattery J on 31 August 2023 are released to the extent necessary to enable the first defendant to comply with orders (4), (5) and (6) above. 8. These orders be entered forthwith. 9. Liberty to apply on three days' notice to the Associate to the Duty Judge in Equity. Catchwords: EQUITY – monies had and received – statement of principles – where monies paid into accounts fraudulently – order to have monies returned Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Cases Cited: Shaw Building Group Pty Ltd v Narayan (No2) [2015] FCA 585 Category: Principal judgment Parties: CCSG Legal Pty Ltd (ACN 122 709 175) (First Plaintiff) John Gervase Shanahan in his capacity as Trustee in the Bankrupt Estate of Rex Henry Morgan (Second Plaintiff) Commonwealth Bank of Australia (ACN 123 123 124) (First Defendant) Karlin Julian Buxton-Bennett t/as Gemstone Pumps International (Second Defendant) Karlin Julian Buxton-Bennett (Third Defendant) Representation: Solicitors: Mr T Murtanovski CCSG Legal (Plaintiff) Commonwealth Bank of Australia (Defendants) File Number(s): 2023/266647