Schoupp v Verryt (No 2)

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

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.

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.

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.

CaseChat Overview and Summary

The matter before the court involved a plaintiff, Schoupp, who sued Verryt over financial matters, specifically funds management charges. The case was heard in the Supreme Court of New South Wales, where the proceedings concluded with final orders being made. The plaintiff sought damages for the funds management charges as well as a verdict and final judgment. The defendant contested these claims, leading to a detailed examination of the legal issues involved.

The primary legal issues that the court had to decide revolved around the validity of the funds management charges, the calculation of damages, and the appropriateness of costs awarded. The court had to consider whether the defendant's actions warranted the claimed damages, including the specific amount of $250,000 for the funds management charges. Additionally, the court had to determine the appropriate costs to be awarded to the plaintiff and the basis on which these costs should be paid, transitioning from ordinary to indemnity basis after a certain date. The court also had to assess the defendant's undertaking to appeal and the conditions under which a stay of judgment would be granted.

The court found in favour of the plaintiff, awarding a final judgment sum of $2,204,150.47, which included the agreed amount of $250,000 for the funds management charges. The court determined that the defendant should pay the plaintiff's costs of the proceedings on the ordinary basis until a specific date, and then on an indemnity basis thereafter. The court also granted a stay of the judgment on the condition that the defendant filed a Notice of Appeal within 28 days and paid a sum of $1,100,000 into court within the same period. The court ordered that the paid amount remain in court pending further orders, and it reserved the right to grant further orders if necessary.

Orders of the court

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.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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