Royal Guardian Mortgage Management Pty Limited v Nguyen [2014] NSWSC 665

Supreme Court New South Wales

Medium Neutral Citation: Royal Guardian Mortgage Management Pty Limited v Nguyen [2014] NSWSC 665 Hearing dates: 20 - 24, 27 - 29 May 2013 Decision date: 28 May 2014 Jurisdiction: Common Law Before: Adams J Decision: In respect of the action by RGMM against the defendants, judgment for the defendants. In respect of the amended cross-claim, judgment for the cross-claimants as follows - (i) Ms Nguyen: $1,092,947 plus interest; (ii) Mr Stolyar: $545,767 plus interest. The parties are to calculate interest. I give leave to approach on three days notice in the event they are unable to agree. I will determine costs following further submissions. Catchwords: CONTRACT - payments allegedly made under mistake - whether mistaken in fact - breach of employment contract - bonuses - collateral agreement as to management fee - no question of law Legislation Cited: Corporations Act 2001 Evidence Act 1995 (NSW), ss 63, 135 Taxation Administration Act 1953 (Cth) Limitation Act 1969 (NSW) Cases Cited: Codelfa Construction Pty Ltd v State Rail Authority of NSW [1982] HCA 24; (1982) 149 CLR 337 Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11; 243 CLR 361 Payne v Parker [1976] 1 NSWLR 191 Jones v Dunkel (1959) 101 CLR 298 Ordukaya v Hicks [2000] NSWCA 180 Briginshaw v Briginshaw (1938) 60 CLR 336 at 361 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 Saunderson v Piper (1839) 5 Bing (NC) 425 Texts Cited: Cheshire and Fifoot, Law of Contract (10th Australian ed, 2012, LexisNexis Butterworths) Category: Principal judgment Parties: Royal Guardian Mortgage Management Pty Ltd (Plaintiff/ Cross Defendant) Beth Ngoc Nguyen (First Defendant/ First Cross Claimant) Ian Stolyar (Second Defendant/ Second Cross Claimant) Representation: Counsel: M W Young SC (Plaintiff/ Cross Defendant) B McClintock SC/ B Kaplan (Defendants/ Cross Claimants) Solicitors: Bransgroves Lawyers (Plaintiff/ Cross Defendant) Gibert & Tobin (Defendants/ Cross Claimants File Number(s): 2010/105936