Perpetual Trustee Company Limited v CTC Group Pty Limited [2015] NSWSC 130

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Limited v CTC Group Pty Limited [2015] NSWSC 130 Hearing dates: 18 February 2015 Date of orders: 18 February 2015 Decision date: 18 February 2015 Jurisdiction: Common Law Before: McCallum J Decision: Perpetual's claim against CTC quantified in the amount of $437,199.41 for the claim in debt and the amount of $100,000 paid to David El-Bayeh; parties directed to bring in short minutes of order for the entry of judgment Catchwords: GUARANTEES AND INDEMNITIES – proceedings remitted by Court of Appeal to determine the amount of damages to be awarded to Perpetual following successful appeal – claim under indemnity for legal costs alleged to arise from breach of deed – no requirement to establish costs reasonably incurred – adequacy of evidence relied upon to establish costs arising from breach Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.5 Civil Procedure Act 2005 (NSW), s 60 Cases Cited: Perpetual Trustee Company Limited v El-Bayeh [2010] NSWSC 1487 Quintano v B W Rose Pty Ltd [2008] NSWSC 793 Perpetual Trustee Company Ltd v CTC Group Pty Ltd [2012] NSWCA 252 Perpetual Trustee Company Ltd v CTC Group Pty Ltd (No 3) [2014] NSWCA 290 Category: Principal judgment Parties: Perpetual Trustee Company Limited (Plaintiff) CTC Group Pty Limited (Defendant) Representation: Counsel: J Simpkins SC (Plaintiff) G Gregg (Defendant)

Solicitors: Gadens Lawyers (Plaintiff) Thomson Geer (Defendant) File Number(s): 2006/266040 Publication restriction: None