Sewell v Zelden (No. 2) [2010] NSWSC 1181

New South Wales Supreme Court

CITATION : Sewell v Zelden (No. 2) [2010] NSWSC 1181

HEARING DATE(S) : 15 September 2010

JUDGMENT DATE : 1 October 2010

JURISDICTION : Equity Division

JUDGMENT OF : Rein J

1. Judgment for the plaintiff against the first, second and third defendants in the amount of ninety thousand eight hundred and forty eight dollars and twenty two cents ($90,848.22). 2. First defendant to pay the plaintiff's costs of the proceedings, to be assessed on an indemnity basis. DECISION : 3. Second and third defendants to pay the plaintiff's costs of the proceedings, to be assessed on the ordinary basis. 4. Existing costs orders made against the plaintiff in favour of the defendants or any of them stand unaffected by order 3. 5. Declare that the respective interests of each of the first, second and third defendants in the property owned by them at Rose Bay are hereby charged to the plaintiff to secure payment by the respective defendants of the amounts referred to in orders 1 to 3 above.

CATCHWORDS : EQUITY - remedies - breach of fiduciary duty - account of profits - amount of "profit" or "benefit" received by solicitor in breach of fiduciary duty - whether solicitor's wife and company owned by her liable for account of profits under the second limb of Barnes v Addy ("knowing assistance") - PROCEDURE - judgments and orders - interest on judgments - time from which interest runs - PROCEDURE - costs - whether solicitor liable to pay plaintiff's costs - whether solicitor liable to pay plaintiff's costs on an indemnity basis - whether solicitor's wife and company owned by her liable to pay plaintiff's costs

Civil Procedure Act 2005 (NSW) LEGISLATION CITED : Property, Stock and Business Agents Act 2002 (NSW) Uniform Civil Procedure Rules 2005 (NSW)