Casey by her manager the National Australia Trustee Limited v Pel-Air Aviation Pty Ltd [2016] NSWSC 212

Supreme Court New South Wales

Medium Neutral Citation: Casey by her manager the National Australia Trustee Limited v Pel-Air Aviation Pty Ltd [2016] NSWSC 212 Hearing dates: December 2015, 19 February 2016 and written submissions on 22 February 2016 Date of orders: 11 March 2016 Decision date: 11 March 2016 Jurisdiction: Common Law Before: Schmidt J Decision: The parties should now file the final orders reflecting the conclusions reached as to this outstanding head of damage, including as to costs, part of which has already been dealt with.

They should approach if they wish to be heard on costs otherwise those orders should be filed within 7 days. Catchwords: DAMAGES – funds management damages – calculation – NSW Trustee and Guardian Act 2009 (NSW) – managed person – method of assessment – quantum of damages for funds management otherwise agreed – final orders to be filed including as to costs Legislation Cited: NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: Ability One Financial Management Pty Limited and Anor v JB by his Tutor AB [2014] NSWSC 245 Arthur Robinson (Grafton) Pty Ltd v Carter [1968] HCA 9; (1968 122 CLR 649 Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd [2015] NSWSC 566 Gray v Richards [2014] HCA 40; (2014) 253 CLR 660 Re Managed Estates Remuneration Orders [2014] NSWSC 383 Category: Consequential orders (other than Costs) Parties: Casey by her manager the National Australia Trustee Limited (Plaintiff) Pel-Air Aviation Pty Ltd (Defendant) Representation: Counsel: Mr FS McIlwaine SC with Mr ER Graham (Plaintiffs) Mr D Lloyd (Defendant)