Westpac Banking Corporation v Sentox Pty Ltd (No 3) [2024] NSWSC 1578

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation v Sentox Pty Ltd (No 3) [2024] NSWSC 1578 Hearing dates: 4 December 2024 Decision date: 11 December 2024 Jurisdiction: Equity - Commercial List Before: Ball J Decision: Judgment for the Plaintiff – see [31] Catchwords: JUDGMENTS AND ORDERS — Final orders — Where parties previously invited to propose form of final orders and make submissions giving effect to principal judgment — Orders proposed by plaintiff are disputed — Orders proposed by Plaintiff made with some variation EQUITY — Subrogation — Principles in Heperu Pty Ltd v Belle (2009) 76 NSWLR 230; [2009] NSWCA 252 considered and distinguished — Where the present case involves proprietary relief against the person guilty of the fraud to the extent that the misappropriated funds were used to maintain property belonging to the fraudster Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Corporations Act 2001 (Cth) Limitation Act 1969 (NSW) Cases Cited: Allen Taylor & Co Pty Ltd t/as Boral Timber and Ors v Norman Leslie Harrison [2010] NSWSC 1021 Andrews v Wilcox [2008] NSWSC 280 Angus Carnegie Gordon in his capacity as liquidator of Lyon Form Pty Ltd (in liq) & Anor v Leon Plant Hire Pty Ltd (in liq) & Ors [2015] NSWSC 397 Blackman v S Freedman & Co (1910) 12 CLR 105; [1910] HCA 58 Chahwan v Euphoric Pty Ltd [2006] NSWSC 1002 Creak v James Moore & Sons Pty Ltd (1912) 15 CLR 426; [1912] HCA 67 Heperu Pty Ltd v Belle (2009) 76 NSWLR 230; [2009] NSWCA 252 Raulfs v Fishy Bite Pty Ltd [2008] NSWSC 1195 Robb Evans v European Bank Limited [2004] NSWCA 82 Sze Tu v Lowe [2014] NSWCA 462 Westpac Banking Corporation v Sentox Pty Ltd (No 2) [2024] NSWSC 783 Texts Cited: Meagher, Gummow & Lehane's Equity Doctrines & Remedies, (Butterworths, 5th ed, 2015) Category: Consequential orders Parties: Westpac Banking Corporation (Plaintiff | Cross-Defendant) Sentox Pty Ltd (First Defendant) Kathie Musumeci bht Adrian Musumeci (Second Defendant | Cross-Claimant) Andrew Musumeci (Third Defendant) Cheeky Farms Pty Ltd (Fourth Defendant) Musumeci Property Investments Pty Ltd (Sixth Defendant) CAO Holdings Pty Ltd (Seventh Defendant) Sahar El-Ahmad also known as Sahar Abbas (Eighth Defendant) Giuseppe Musumeci (Thirteenth Defendant) Representation: Counsel: T Mehigan SC with J Foley (Plaintiff) J Anderson (Second and Seventh Defendants | Cross-Claimant) Dr SB Levi (Eighth Defendant) AFP Ryan (Thirteenth Defendant)