Perpetual Trustee Company Ltd v Papantoniou (No. 2) [2014] NSWSC 746

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Ltd v Papantoniou (No. 2) [2014] NSWSC 746 Hearing dates: 5 June 2014 Decision date: 10 June 2014 Jurisdiction: Common Law Before: Campbell J Decision: In the first cross-claim brought by Robert Brown (1)The orders pronounced on 30th May 2014 are revoked. (2)Under s 7(1)(b) Contracts Review Act 1980 declare the contract among Robert Brown, James Brown and Stella Papantoniou to the extent to which it provides for the liability of Mrs Papantoniou for the loan from Perpetual Trustee Company Limited to be borne by Robert Brown and James Brown void ab initio. (3)Order Stella Papantoniou pay compensation to Robert Brown in the sum of $188,408.87 inclusive of interest under s 100 Civil Procedure Act 2005. (4)Order Mrs Papantoniou to pay the costs of Mr Robert Brown on the ordinary basis forthwith after they have been agreed or assessed. (5)Grant liberty to Mr Robert Brown to apply for a variation of the costs order within 7 days by lodging with my Chambers written submissions, not exceeding two pages in length, supported by an affidavit exhibiting any offer of compromise made. The cross-defendant has a further 7 days to lodge any written response not exceeding 2 pages in length. The third cross-claim brought by Robert Brown as Executor of the Estate of James Brown (1)The orders pronounced on 30th May 2014 are revoked. (2)Under s 7(1)(b) Contracts Review Act 1980 declare the contract among Robert Brown, James Brown and Stella Papantoniou to the extent to which it provides for the liability of Mrs Papantoniou for the loan from Perpetual Trustee Company Limited to be borne by Robert Brown and James Brown void ab initio. (3)Order that Stella Papantoniou pay compensation to the Estate of the late James Brown in the sum of $131,456.59 inclusive of interest calculated under s 100 Civil Procedure Act 2005. (4)Order Stella Papantoniou to pay the costs of the Estate of the late James Brown on the ordinary basis forthwith after they have been agreed or assessed. (5)Grant liberty to the Estate of the Late James Brown to apply for a variation of the costs order within 7 days by lodging with my Chambers written submissions, not exceeding two pages in length, supported by an affidavit exhibiting any offer of compromise made. The cross-defendant has a further 7 days to lodge any written response not exceeding 2 pages in length. The second cross-claim brought by Mrs Stella Papantoniou (1)The orders pronounced on 30th May 2014 are revoked. (2)Declare that Mrs Papantoniou is the party entitled to the funds held on trust by Barwick Boitano, Lawyers in the sum of $51,159.09 and interest accruing (if any). (3)Upon the trustees first being satisfied that Mrs Papantoniou has satisfied order (3) pronounced today in each of the first and third cross-claim I direct Barwick Boitano to pay the funds referred to in order (2) to Mrs Papantoniou, whose receipt whereof will discharge Barwick Boitano's obligations as trustees. (4)Grant the parties liberty to apply in respect of order (3) if order (3) pronounced in each of the first and third cross claims today remains unsatisfied after 28 days. (5)The second-cross claim is otherwise dismissed with Mrs Papantoniou to pay the costs of the first and third cross-claimants on the ordinary basis forthwith after they have been agreed or assessed, (6)Grant liberty to the first and second cross-claimants to apply for a variation of the costs order within 7 days by lodging with my Chambers written submissions, not exceeding two pages in length, supported by an affidavit exhibiting any offer of compromise made. The cross-defendant has a further 7 days to lodge any written response not exceeding 2 pages in length. Catchwords: PROCEDURE - civil - rectification of orders - slip rule REMEDIES - damages - calculation of pre-judgment interest Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Consequential orders Parties: Robert Joseph Patrick Brown (First Cross-Claimant) Robert Joseph Patrick Brown as executor of the Estate of the late James Anthony Thomas Brown (Third Cross-Claimant) Styliani Papantoniou (First Cross-Defendant) Representation: Counsel: M Maconachie (First and Third Cross-Claimants) J Merkel (First Cross-Defendant) Solicitors: Barwick Boitano Lawyers (First and Third Cross-Claimant) Northern Suburbs Lawyers (First Cross-Defendant) File Number(s): 2010/28341