Schoupp v Verryt (No 2)

[2014] NSWDC 29

District Court

New South Wales

Medium Neutral Citation:

Schoupp v Verryt (No 2) [2014] NSWDC 29

Hearing dates:

14/04/2014

Decision date:

15 April 2014

Jurisdiction:

Civil

Before:

Levy SC DCJ

Decision:

1.Damages for funds management charges are assessed in the agreed amount of $250,000;

2.Verdict and final judgment for the plaintiff in the sum of $2,204,150.47 including funds management charges;

3.The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis until 28 November 2013, and then on an indemnity basis from 29 November 2013;

4.The exhibits may be returned;

5.Upon the defendant's undertaking to file and serve a Notice of Appeal within 28 days, and to also prosecute any such appeal expeditiously, a stay of the judgment the subject of Order (2) above is granted upon the defendant paying into court the sum of $1,100,000 within 28 days of 14 April 2014;

6.The monies paid into court pursuant to Order (5) above are to remain in court pending the further order of this Court, or an order of the Supreme Court in its Protective Division, or an order of the Court of Appeal;

7.Liberty to apply on 7 days notice if further orders are required.

Catchwords:

Final orders on conclusion of the proceedings

Cases Cited:

Schoupp v Verryt [2014] NSWDC 28

Category:

Consequential orders

Parties:

Liam Luke Schoupp (Plaintiff)
Alphonse Verryt (Defendant)

Representation:

Mr D Campbell SC with Mr S Longhurst (Plaintiff)
Mr D Ronzani (Defendant)
RMB Lawyers (Plaintiff)
Curwoods (Defendant)

File Number(s):

2009/339964 Wollongong

Publication restriction:

None

Judgment

1. In these proceedings, on 14 April 2014, reasons were delivered by which the plaintiff's damages were assessed in the sum of $1,954,150.47: Schoupp v Verryt [2014] NSWDC 28.

1. That amount was subject to the addition of a proper amount to be assessed to reflect the finding that the plaintiff was entitled to damages for funds management charges on account of his disabilities.

1. The parties have considered those findings and have now agreed upon the following consequential orders:

(1)   Damages for funds management charges are assessed in the agreed amount of $250,000;

(2)   Verdict and final judgment for the plaintiff in the sum of $2,204,150.47 including funds management charges;

(3)   The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis until 28 November 2013, and then on an indemnity basis from 29 November 2013;

(4)   The exhibits may be returned;

(5)   Upon the defendant's undertaking to file and serve a Notice of Appeal within 28 days, and to also prosecute any such appeal expeditiously, a stay of the judgment the subject of Order (2) above is granted upon the defendant paying into court the sum of $1,100,000 within 28 days of 14 April 2014;

(6)   The monies paid into court pursuant to Order (5) above are to remain in court pending the further order of this Court, or an order of the Supreme Court in its Protective Division, or an order of the Court of Appeal;

(7)   Liberty to apply on 7 days notice if further orders are required.

Decision last updated: 15 April 2014