Winton Partners Funds Management Pty Ltd –v- Gregory Hamilton Willoughby Lindsay-Owen [2016] NSWSC 640

Supreme Court New South Wales

Medium Neutral Citation: Winton Partners Funds Management Pty Ltd –v- Gregory Hamilton Willoughby Lindsay-Owen [2016] NSWSC 640 Hearing dates: 9 May 2016 Decision date: 20 May 2016 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: Plaintiff entitled to a declaration that it is entitled to remuneration of $5,070,263.83. Cross-claim dismissed. Catchwords: CONTRACT – construction of terms – where remuneration payable to the plaintiff under an Advisory Mandate Agreement is to be calculated by reference to the proceeds received from sale of certain fixed property – construction of meaning of "proceeds" – application of construction to facts Cases Cited: Electricity Generation Corporation v Woodside Energy Limited (2014) 251 CLR 640 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 89 ALJR 990 Category: Principal judgment Parties: Winton Partners Funds Management Pty Ltd (ACN 158 242 347) - Plaintiff / Cross-Defendant Gregory Hamilton Willoughby Lindsay-Owen - First Defendant / First Cross-Claimant Dairycorp Pty Ltd (ACN 007 093 898) - Second Defendant / Second Cross-Claimant Representation: Counsel: J.C. Giles SC with H. Mann - Plaintiff / Cross-Defendant R.S. Sheldon SC with C. Colquhoun - First and Second Defendants / First and Second Cross-Claimants

Solicitors: Gadens Lawyers - Plaintiff / Cross-Defendant Mills Oakley Lawyers - Defendants / First and Second Cross-Claimants File Number(s): 2015/98573