Two Lands Services Pty Limited v Cave [2003] NSWSC 922

New South Wales Supreme Court

CITATION : Two Lands Services Pty Limited v Cave [2003] NSWSC 922 HEARING DATE(S) : 17, 18 December 2002 20, 21 May 2003 JUDGMENT DATE : 14 October 2003 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1) Upon enquiry, I find that the amount of profits obtained by the Defendant from his conduct in engaging in employment or any other contractual relationship with an organisation known as The Mortgage Professionals, whereby he conducted, solicited or otherwise promoted a business of mortgage origination was $238,765; (2) I order that the Defendant pay the costs of the Plaintiffs of the foregoing enquiry; (3) The exhibits may be returned.

CATCHWORDS : Inquiry as to profits - Expert evidence - Methodology and calculations - Commission in respect to mortgage origination - Account for profits is a remedy which is notoriously difficult in practice - What is required will not be mathematical exactness, but only a reasonable approximation. CASES CITED : Warman International Limited v Dwyer (1995) 182 CLR 544 Two Lands Services Pty Limited (First Plaintiff) PARTIES : Two Lands Group Pty Limited (Second Plaintiff) Gregory Robert Cave (Defendant) FILE NUMBER(S) : SC 3148/99 COUNSEL : S.J. Burchett (Plaintiffs) J. Dupree (Defendant) SOLICITORS : McCabe Terrill, Lawyers (Plaintiffs) Russo and Partners, Solicitors (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER McLAUGHLIN

Tuesday, 14 October 2003

3148/99 TWO LANDS SERVICES PTY LIMITED and ANOR -v- GREGORY ROBERT CAVE JUDGMENT 1 MASTER: This is an inquiry as to profits, pursuant to order 3 of orders made on 9 May 2000 by Santow J. That order is in the following terms,