Theden v Nominal Defendant

Theden, the plaintiff, sought relief from the Supreme Court of Victoria against the first, second and third defendants, which included claims for damages and a declaration of entitlement to certain properties. The case centred around the ownership and value of two properties, as well as the defendant's liability for damages and costs. The plaintiff claimed that the defendants were unjustly enriched by their possession and sale of the properties, and sought compensation for the loss of value as a result of their actions. The third defendant, in turn, sought indemnity from the second defendant for any costs incurred.

The primary legal issues before the court were whether the defendants were liable for damages and whether the third defendant was entitled to indemnity from the second defendant. The court had to determine whether the defendants' actions amounted to unjust enrichment and whether the plaintiff was entitled to compensation. The court also needed to consider the respective liabilities of the first and second defendants and whether the third defendant was entitled to indemnity from the second defendant.

The court found that the defendants were liable for damages and that the plaintiff was entitled to compensation for the loss of value of the properties. The court held that the first defendant was liable for 80% of the damages, while the second defendant was liable for 20%. The court found that the third defendant was not liable for any contribution or indemnity to the second defendant, and dismissed the third defendant's claim for indemnity. The court also found that the second defendant was not entitled to indemnity from the third defendant for any costs incurred. The court ordered the first and second defendants to pay the plaintiff damages in the sum of $4,472,981.00, with the first defendant liable for 80% and the second defendant for 20%. The court adjourned consideration of the question of costs to allow the parties to make written submissions within the next 14 days.