Moore v Devanjul Pty Ltd (No 5)

The plaintiff, Stanley Gordon William Moore, brought an action against Devanjul Pty Ltd and others for trespass to land, breach of contract, and other related matters. The plaintiff claimed that the first and second defendants, who were connected to Devanjul Pty Ltd as either the company or a director, trespassed on his property. The plaintiff had a lease with Devanjul Pty Ltd as trustee of the Jadvek Berthelsen Family Trust, and the defendants' actions included changing locks, destroying property, and removing amenities. The plaintiff also alleged breaches of contract based on clauses in the lease agreement and sought damages for both trespass and breach of contract.

The court needed to determine whether the second defendant, who entered the property as an agent of Devanjul Pty Ltd, was personally liable for trespass. The court also had to consider whether Devanjul Pty Ltd could be held liable for the actions of the second defendant. Additionally, the court needed to decide if Devanjul Pty Ltd breached the lease agreement and whether the claimed damages were appropriate for the breaches found. Finally, the court had to examine whether the plaintiff could seek equitable remedies against the assets of the Jadvek Berthelsen Family Trust.

The court found that the second defendant was personally liable for trespass, as the notices used to justify entry were invalid. Devanjul Pty Ltd was held liable for the trespass committed by the second defendant as it was acting within the scope of its agency. The court determined that Devanjul Pty Ltd breached the lease agreement by altering the property and interfering with the plaintiff's quiet enjoyment. The damages claimed were considered appropriate given the nature and extent of the breaches. Finally, the court ruled that the plaintiff could pursue remedies against the assets of the Jadvek Berthelsen Family Trust, including authorising the sale of necessary assets to satisfy the debt.

The court ordered the second defendant to pay the plaintiff $297,561 plus interest of $62,561, along with the plaintiff's costs. It was declared that Devanjul Pty Ltd, as trustee of the Jadvek Berthelsen Family Trust, owed the plaintiff this amount, and the trust assets were charged to satisfy this debt. The Jadvek Berthelsen Family Trust or its trustee was authorised to sell assets to pay the plaintiff, including costs.