Strata Consolidated v Bradshaw [1999] NSWSC 22

New South Wales Supreme Court CITATION : Strata Consolidated v Bradshaw [1999] NSWSC 22 CURRENT JURISDICTION : Equity Division Commercial List FILE NUMBER(S) : 50304/94 HEARING DATE(S) : 26 October 1998; 27 October 1998; 28 October 1998 and 30 October 1998 JUDGMENT DATE : 8 February 1999

PARTIES : Strata Consolidated (Australia) Pty Ltd; ATA Wholesalers Pty Ltd; Adtech Corporation Pty Ltd v Edward John Bradshaw; Tarkello Pty Ltd; Ian Ronald Ney; Tartandi Pty Ltd; Procus Australia Pty Ltd; Procus West Pty Ltd; Selmet Pty Ltd; Sipro Pty Ltd; Siska Pty Ltd; Patrick Maguire; Warren Binney; Ross Patterson; John Shanahan; Do Yourself A Favour Co Pty Ltd. JUDGMENT OF : Hunter J

1-3P - P Biscoe QC with SJ Motbey COUNSEL : 1-2D - P McEwen SC 3-14D - P Gray with A Pearman 1-3P - J Biady & Associates SOLICITORS : 1-2D - Worthington Story 3-14D - Stephen Blanks & Associates CATCHWORDS : Account of profits - errant fiduciaries - just allowances - general principles - incremental or absorption methods of accounting DECISION : After making all just allowances no amount should be certified as due by the defendants to the plaintiffs.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

HUNTER J

MONDAY 8 February 1999

50304/94 STRATA CONSOLIDATED (AUSTRALIA) PTY LTD & 2 ORS v EDWARD JOHN BRADSHAW & 13 ORS

REASONS FOR JUDGMENT

1. In the course of these reasons, reference is made to the reasons for judgment of 27 November 1997 as the principal judgment and to the reasons for judgment of 24 April 1998, as the supplementary judgment. I have continued to use the references adopted in those two reasons for judgment.