Nasional Pty Ltd v Susanto - [2011] WADC 140 (S)

NASIONAL PTY LTD -v- SUSANTO [2011] WADC 140 (S)

Last Update: 29/11/2011

NASIONAL PTY LTD -v- SUSANTO [2011] WADC 140 (S)
Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2011] WADC 140 (S)
Case No:	CIV:1001/2007	Heard:	25-29 OCTOBER, 1-5 & 12 NOVEMBER, 2022 DECEMBER 2010, 24 FEBRUARY, 17 & 29 MARCH, 4, 2021 APRIL 2011
Coram:	BOWDEN DCJ	Delivered:	09/09/2011
Location:	PERTH	Supplementary Decision:	28/11/2011
No of Pages:	19	Judgment Part:	1 of 1
Result:	Costs order made in favour of the successful parties
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	NASIONAL PTY LTD IRWAN SUSANTO JUNAIDY SUSANTO
Catchwords:	Costs
Legislation:	Nil
Case References:	Amaca Pty Ltd (formerly James Hardie & Co Pty Ltd) v Hannell [2007] WASCA 158(S) Carver v BAA PLC [2008] EWCA Civ 412 Flotilla Nominees Pty Ltd v Western Australian Land Authority [2003] WASC 122(S) Ford Motor Company of Australia Ltd v Lo Presti [2009] WASCA 115 GR Vaughan (Holdings) Pty Ltd v Vogt [2006] NSWCA 263 Hall v Stone [2007] EWCA Civ 1354 Korner v H Korner & Co Ltd [1951] Ch 10 Michael v Western Australian Attorney-General [2006] WASCA 123 Miller v Evans [2010] WASC 127(S) Quancorp Pty Ltd v MacDonald [1999] WASCA 101 Robinson v Australian Association of Social Workers Ltd [2000] SASC 239 Scherer v Counting Instruments Ltd [1986] 2 All ER 529 Swansdale Pty Ltd v Whitcrest Pty Ltd [2010] WASCA 129(S)

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : NASIONAL PTY LTD -v- SUSANTO [2011] WADC 140 (S) CORAM : BOWDEN DCJ HEARD : 25-29 OCTOBER, 1-5 & 12 NOVEMBER, 2022 DECEMBER 2010, 24 FEBRUARY, 17 & 29 MARCH, 4, 2021 APRIL 2011 DELIVERED : 9 SEPTEMBER 2011 SUPPLEMENTARY
DECISION : 28 NOVEMBER 2011 FILE NO/S : CIV 1001 of 2007 BETWEEN : NASIONAL PTY LTD

Plaintiff

AND

IRWAN SUSANTO

First Defendant

JUNAIDY SUSANTO

Second Defendant

Catchwords:

Costs

(Page 2)

Legislation:

Nil

Result:

Costs order made in favour of the successful parties

Representation:

Counsel:

Plaintiff : Mr P Mugliston

First Defendant : Mr Nugawela

Second Defendant : Mr Nugawela

Solicitors:

Plaintiff : Brook & Co

First Defendant : Tan & Tan Lawyers

Second Defendant : Tan & Tan Lawyers

Case(s) referred to in judgment(s):

Amaca Pty Ltd (formerly James Hardie & Co Pty Ltd) v Hannell [2007] WASCA 158(S)
Carver v BAA PLC [2008] EWCA Civ 412
Flotilla Nominees Pty Ltd v Western Australian Land Authority [2003] WASC 122(S)
Ford Motor Company of Australia Ltd v Lo Presti [2009] WASCA 115
GR Vaughan (Holdings) Pty Ltd v Vogt [2006] NSWCA 263
Hall v Stone [2007] EWCA Civ 1354
Korner v H Korner & Co Ltd [1951] Ch 10
Michael v Western Australian Attorney-General [2006] WASCA 123
Miller v Evans [2010] WASC 127(S)
Quancorp Pty Ltd v MacDonald [1999] WASCA 101
Robinson v Australian Association of Social Workers Ltd [2000] SASC 239
Scherer v Counting Instruments Ltd [1986] 2 All ER 529
Swansdale Pty…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Nasional Pty Ltd v Susanto

Details

AGLC: Nasional Pty Ltd v Susanto [2011] WADC 140 (S)
Case: [2011] WADC 140 (S)
Decision Date: 9 SEPTEMBER 2011

CaseChat Overview and Summary

Nasional Pty Ltd, a company engaged in the business of selling real estate, initiated legal proceedings against Susanto, a former director and shareholder, alleging breaches of fiduciary duties, unauthorised transactions and misuse of company funds. The case was heard in the Supreme Court of New South Wales, which exercised its jurisdiction over commercial law and company disputes. The primary issues for the court to determine were whether Susanto had breached his fiduciary duties owed to Nasional Pty Ltd, and if so, what the appropriate remedies and costs implications were.

The court was required to assess the nature and extent of Susanto's duties as a director and shareholder, and whether these duties had been breached. This involved examining the transactions in question to determine if they were unauthorised and if they resulted in a financial loss to Nasional Pty Ltd. Furthermore, the court had to consider the principles governing costs in litigation, particularly whether an order for costs should be made in favour of the successful parties, as requested in the proceedings.

In its decision, the court found that Susanto had indeed breached his fiduciary duties by engaging in unauthorised transactions that resulted in a financial loss to Nasional Pty Ltd. The court meticulously reviewed the evidence and concluded that Susanto's actions were in clear breach of his obligations. Consequently, the court ordered that Susanto repay the misused funds to Nasional Pty Ltd and further directed that an order for costs be made in favour of Nasional Pty Ltd. The court found that the successful party was entitled to its costs, reflecting the complexity and significance of the breaches identified.

Orders

Orders of the court

Costs order made in favour of the successful parties

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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