NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Via Bertino Pty Ltd v Yee [2018] NSWSC 1587 Hearing dates: 18 October 2018 Decision date: 23 October 2018 Jurisdiction: Equity - Commercial List Before: Ball J Decision: 1. Judgment for the plaintiff against the second defendant for the sum of $69,420.55;
2. Subject to orders (3) and (4), the second defendant pay half the plaintiff's costs of the proceedings;
3. Order (2) is stayed for 21 days;
4. If any party seeks an order in relation to costs which is different from order (2), that party must relist the matter by contacting my Associate within 21 days of the date of these orders. Catchwords: EQUITY – Trusts and trustees – Breaches of trust – Misappropriation of trust property COSTS – Party/Party – General rule that costs follow the event – Application of the rule and discretion – Where the claim succeeded against one defendant on a point that was not raised until the hearing Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Via Bertino Pty Ltd (Plaintiff) Michael Manson Yee (First Defendant) Australian Legal Research House Pty Ltd t/as Goodwyn Legal Pty Ltd (Second Defendant) Representation: Counsel: J Burnett (Plaintiff) I Griscti (Defendants)
Solicitors: Sarvaas Ciaparra Lawyers (Plaintiff) Gilchrist Connell (Defendants) File Number(s): 2017/180598 Publication restriction: None
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