Cassegrain v Cassegrain

The appeal concerned the extent of equitable compensation payable by the appellant, Ms. Cassegrain, following proceedings in the Supreme Court of New South Wales. The dispute arose from a family trust and the appellant's involvement in transactions that led to equitable compensation being ordered against her and other parties. The primary judge had adopted the report of a Referee, which determined the amount of equitable compensation, and ordered that the appellant and other parties be jointly and severally liable for this compensation.

The central legal issues before the Court of Appeal were whether the trial judge erred in finding the appellant jointly and severally liable for the equitable compensation. Specifically, the court considered whether the appellant's liability should have been limited to 10 per cent of the ordered compensation, or whether it should have been proportionate to her liability under the first limb of *Barnes v Addy*, and whether the extent of her liability was permissible having regard to Part 4 of the *Civil Liability Act 2002* (NSW). The court also considered whether leave to appeal was required.

The Court of Appeal dismissed the appeal, finding that the trial judge had not erred in ordering joint and several liability. The court reasoned that the principles of equitable compensation, particularly in cases of breach of trust or fiduciary duty, often involve joint and several liability to ensure full restitution for the loss suffered. The court found that the appellant's conduct warranted such an order and that the *Civil Liability Act 2002* (NSW) did not operate to limit her liability in the manner contended. The application for leave to extend time for filing an application for leave to appeal was also refused.