Ellestra Pty Ltd v Farmakis

The case of Ellestra Pty Ltd v Farmakis involved a dispute between the plaintiff, Ellestra, a company that provided a range of services, and the defendant, Farmakis, a director of the company. The dispute was centered on the recovery of unpaid entitlements and the issue of costs. The case was heard in the Federal Circuit and Family Court of Australia. The plaintiff sought to recover unpaid entitlements from the defendant, including remuneration, superannuation, and other benefits, as well as pre-judgment interest and costs.

The legal issues that the court was required to decide included the calculation of the unpaid entitlements, the entitlement to pre-judgment interest, and the basis on which costs should be awarded. The court considered the evidence presented by both parties and the applicable legal principles. The court found that the plaintiff was entitled to recover unpaid entitlements, including remuneration, superannuation, and other benefits. The court also found that the plaintiff was entitled to pre-judgment interest and awarded costs on the solicitor/client basis.

In its decision, the court held that the defendant was liable to pay the plaintiff the amount of the unpaid entitlements, together with pre-judgment interest. The court also held that the plaintiff was entitled to costs on the solicitor/client basis. The court noted that the defendant had not challenged the plaintiff's claim for costs, and that the award of costs on the solicitor/client basis was appropriate in the circumstances of the case. The court made orders accordingly, including orders for payment of the unpaid entitlements, pre-judgment interest, and costs.