Supreme Court
New South Wales
Medium Neutral Citation: Puddick v Dyamond Developments Pty Ltd (No 3) [2020] NSWSC 551 Hearing dates: On the papers Date of orders: 12 May 2020 Decision date: 12 May 2020 Jurisdiction: Equity Before: Robb J Decision: See par [62].
Catchwords: CIVIL PROCEDURE — Discontinuance of proceedings — where the Court makes an order that the balance of the proceedings be discontinued as opposed to dismissed to allow for the continuing possibility of the claim being revived
EQUITY — Trusts and trustees — Resulting trusts — Quistclose trusts – where the Quistclose principle is not applied because the purpose has been satisfied
COSTS — Party/Party — Court’s discretion – where the circumstances dictate that it should be made clear that the defendants are liable to pay the plaintiffs’ costs on the ordinary basis – where the Court initially made an order in respect of proceedings that had not yet been completedLegislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567
Elevate Brandpartners Ltd v Hammond (No 4) [2020] FCA 421
Dyamond Developments Pty Ltd v Puddick: [2020] NSWCA 32
Puddick v Dyamond Developments Pty Ltd [2019] NSWSC 431
Puddick v Dyamond Developments Pty Ltd (No 2) [2019] NSWSC 738Category: Costs Parties: Justin Frank Puddick (first plaintiff)
John Edward Puddick (second plaintiff)
Dyamond Developments Pty Ltd (first defendant)
George Hatzipapas (second defendant)
Gaks Investment Holdings Pty Ltd (third defendant)Representation: Counsel: E Peden SC (first and second plaintiffs)
Solicitors: O’Loughlin Westhoff (first and second plaintiffs)
JT Johnson (second and third defendants)
Tomaras Lawyers (second and third defendants)
File Number(s): 2018 / 185865
Judgment
-
The Court published its primary judgment in these proceedings on 18 April 2019: Puddick v Dyamond Developments Pty Ltd [2019] NSWSC 431.
-
The Court published a second judgment in this matter on 19 June 2019: Puddick v Dyamond Developments Pty Ltd (No 2) [2019] NSWSC 738.
-
On 18 April 2019, when the first judgment was delivered, the Court stated that it would hear the parties on the terms of any appropriate orders to give effect to the reasons for judgment, and to make provision for the further conduct of the proceedings.
-
In part, that announcement was made because of the proposal by the plaintiffs to pursue a tracing remedy against the third defendant.
-
On 24 May 2019, the Court ordered that judgment be entered in favour of each plaintiff against the first and second defendants in the amount of $104,909.
-
The Court also made orders that freezing orders made by Pembroke J on 15 June 2018 against the first defendant, and by Slattery J on 17 December 2018 against the second and third defendants, be extended until the two judgment debts were satisfied in full.
-
On 13 June 2019, the Court stood the proceedings over until 11 July 2019 before the Registrar, for the purpose of making case management orders relating to the tracing of funds paid by the plaintiffs…
Continue reading Puddick v Dyamond Developments Pty Ltd (No 3)
Sign in free to access the full text
- AGLC
- Puddick v Dyamond Developments Pty Ltd (No 3) [2020] NSWSC 551
- Case
- [2020] NSWSC 551
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.