Cardaci v Filippo Primo Cardaci as executor and trustee of Marco Antonio Cardaci [No 3]
Case
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[2022] WASC 412
Details
AGLC
Case
Decision Date
Cardaci v Filippo Primo Cardaci as executor and trustee of Marco Antonio Cardaci [No 3] [2022] WASC 412
[2022] WASC 412
CaseChat Overview and Summary
The plaintiff, Mae Cardaci, brought proceedings against the First Defendant, Filippo Primo Cardaci as executor and trustee of Marco Antonio Cardaci, and the Second, Third and Fourth Defendants, which were related companies. The proceeding related to an account to be taken in respect of monies paid from two trust accounts for the purpose of meeting the costs of the proceeding. The court was required to determine the amounts of interest payable on the monies that were to be restored to the trust accounts. The court examined the evidence, which included verified accounts of the payments made from the trust accounts, and the parties' agreement on the calculation of interest. The court found that the accounts were accurate, and the parties' calculation of interest was fair and just. The court reported that the Second Defendant should pay the plaintiff $2,099,239.44, and the Third and Fourth Defendants should pay the plaintiff $2,541,792.30, together with interest. The parties have liberty to apply to the Court for orders consequent upon the publishing of this report.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
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Trusts & Equity
Legal Concepts
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Account of Profits
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Restitution
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Unjust Enrichment
Actions
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Most Recent Citation
Rectangular Pty Ltd v Mae Cardaci ATF the Marco Cardaci Testamentary Trust [2023] WASC 13
Cases Cited
4
Statutory Material Cited
0
Cardaci v Filippo Primo Cardaci as executor of the estate of Marco Antonio Cardaci [No 5]
[2021] WASC 331
Able Tours Pty Ltd v Mann [No 2]
[2013] WASC 96
Chocolate Factory Apartments Ltd v Westpoint Finance Pty Ltd
[2005] NSWSC 784