Blackwell v BBANH Pty Limited as trustee for the BBANH Unit Trust [2019] NSWSC 731

Supreme Court New South Wales

Medium Neutral Citation: Blackwell v BBANH Pty Limited as trustee for the BBANH Unit Trust [2019] NSWSC 731 Hearing dates: 6, 7, 14 June 2019 Date of orders: 07 June 2019 Decision date: 14 June 2019 Jurisdiction: Equity - Commercial List Before: Parker J Decision: Judgment in favour of the plaintiff in the amount (subsequently corrected under the slip rule) of $22,707.35. The plaintiff pay the defendant's costs of the proceedings from 9 May 2019 onwards on an/the indemnity basis. There otherwise be no order as to costs. Catchwords: EQUITY — Trusts and trustees — Unit trusts – where claims that payments not authorised by trust largely resolved by parties' concessions – whether judgment ought be entered on gross or net basis in accordance with terms of Trust deed – where judgment sought by reference to income figures disclosed in accounts and entered accordingly.

COSTS — Party/Party — Offers of compromise/Calderbank offers – where plaintiff succeeded in one aspect of claim but otherwise comprehensively failed – where successive offers of compromise made and refused – whether plaintiff ought to pay defendant's costs following expiration of first offer. Legislation Cited: Civil Procedure Act 2005 (NSW), s 100(2)(b) Cases Cited: Cherry v Boultbee (1839) 4 My & Cr 442; 41 ER 171 Texts Cited: None Category: Principal judgment Parties: Nathan John Blackwell (Plaintiff) BBANH Pty Limited as trustee for the BBANH Unit Trust (Defendant) Representation: Counsel: G Carolan (Plaintiff) RE Raffell (Defendant)