Re Adaz Nominees Pty Ltd (No 6)

This case involved a dispute between Castleway and TPC Group regarding the calculation of profits from a property-development business. The matter was heard in the Supreme Court of Victoria, with the primary judge being Justice Beach. The central legal issue in the case was whether section 60(1) of the Supreme Court Act 1986 applied to the claim for declarations regarding the amount payable under the agreement for the sharing of profits. The plaintiff, Castleway, sought declarations on the calculation of profits for the 2016–2017 financial year but did not seek an order for the payment of money. The plaintiff also claimed damages, which were ultimately dismissed. The defendant, TPC Group, argued that the plaintiff was not entitled to interest under section 60(1) of the Supreme Court Act 1986 as no money sum was awarded. The Court considered whether it was appropriate to make separate declarations for the three disputed calendar years, in accordance with the PDSA.

The Court found that Castleway was not entitled to judgment for a money sum and that the TPC Group had not breached the PDSA by seeking declarations on the proper construction of the PDSA or by disputing the quantum of Castleway's entitlements. The Court also ruled that it was not precluded from revisiting the issue of interest, as the case had not yet been concluded and the decision was qualified by the words 'at this stage'. The Court then considered whether section 60(1) of the Supreme Court Act 1986 applied to the claim for declarations. The Court found that section 60(1) was not engaged as the claim did not seek an order for the payment of money. Therefore, no interest was awarded.

In conclusion, the Court made separate declarations for the three disputed calendar years, in accordance with the PDSA. The plaintiff was successful on its initial claim but was not entitled to interest under section 60(1) of the Supreme Court Act 1986. The defendant was found to be entitled to a significant sum more than that conceded by the plaintiff. The Court ordered that each party pay their own costs.