Blackwell v Bbanh Pty Limited as trustee for the Bbanh Unit Trust

The matter before the court involved a dispute between Blackwell and Bbanh Pty Limited, as trustee for the Bbanh Unit Trust. Blackwell brought claims regarding unauthorised payments made by the trustee. The case was heard in the Supreme Court. The primary dispute centred on whether any remaining issues regarding the payments should be resolved on a gross or net basis, in line with the terms of the Trust deed. Additionally, the court had to consider the appropriate costs order, given the plaintiff's partial success and the defendant's successive offers of compromise.

The court was tasked with determining the appropriate method for calculating any remaining unauthorised payments, given that the primary claims had been largely resolved through concessions. It was also required to decide whether the plaintiff should bear the defendant's costs after the expiration of the first offer of compromise, despite the plaintiff's partial success in the proceedings. The court examined the terms of the Trust deed, the nature of the claims, and the conduct of both parties in their offers of compromise.

In delivering the judgment, the court found that the remaining issues concerning the unauthorised payments should be calculated on a net basis, as per the terms of the Trust deed. This decision was based on the explicit wording of the deed and the concessions made by the parties. The court also ruled that the plaintiff was not liable to pay the defendant's costs following the expiration of the first offer of compromise. Despite the plaintiff's partial success, the court considered the successive offers of compromise and the overall outcome of the proceedings in reaching this decision.

The court's final orders included a direction that any remaining unauthorised payments be calculated on a net basis and a determination that the plaintiff was not to pay the defendant's costs following the expiration of the first offer of compromise. The judgment reflected a careful consideration of the Trust deed's terms and the parties' conduct throughout the litigation.