Oliveri v Jones [1999] NSWSC 154

Oliveri v Jones [1999] NSWSC 154

(1) Emanueli Oliveri is entitled to a just allowance for managing units 2, 3, and 4, with the details to be fixed depending on further evidence or agreement as to prevailing commission rates. (2) Claims for mesne profits or damages in trespass by the trustee fail because the trustee did not obtain possession before action. (3) Giovanni Oliveri is jointly liable with Emanueli Oliveri as principal for the rent received and the accounting that follows, but not liable for alleged ouster or trespass. (4) Expenses claimed by Emanueli Oliveri are allowed or disallowed per item, mostly for lack of evidence, with the accounting to be finalised accordingly.

Jurisdiction
Australia
Judgment Date
05 March 1999
Procedural Posture
Accounting and Assessment of Damages in Equity / Post Trial Accounting After Principal Judgment and Appellate Proceedings
Outcome
Accountings and claims decided as detailed; most claims for mesne profits/trespass dismissed; just allowances partially allowed; parties directed to bring in short minutes for final orders, interest and costs.
Legal Topics
['account of Profits' 'damages Assessment' 'just Allowances' 'money Had and Received' 'trespass' 'mesne Profits' 'principal and Agent Liability' 'management of Trust Property']
['equity' 'torts' 'agency' 'restitution' 'bankruptcy'] ['account of Profits' 'damages Assessment' 'just Allowances' 'money Had and Received' 'trespass' 'mesne Profits' 'principal and Agent Liability' 'management of Trust Property']

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Procedural Posture

Accounting and Assessment of Damages in Equity / Post Trial Accounting After Principal Judgment and Appellate Proceedings

Legal Issues

  1. 1 ["Whether a just allowance is appropriate for Emanueli Oliveri's management of property;" 'Whether the trustee is entitled to mesne profits or damages for occupation of property;' 'Liability of Giovanni Oliveri as principal for acts of Emanueli Oliveri;' 'Valid claims for money had and received;' 'Proper accounting for property income and expenses.']

Ratio Decidendi

(1) Emanueli Oliveri is entitled to a just allowance for managing units 2, 3, and 4, with the details to be fixed depending on further evidence or agreement as to prevailing commission rates. (2) Claims for mesne profits or damages in trespass by the trustee fail because the trustee did not obtain possession before action. (3) Giovanni Oliveri is jointly liable with Emanueli Oliveri as principal for the rent received and the accounting that follows, but not liable for alleged ouster or trespass. (4) Expenses claimed by Emanueli Oliveri are allowed or disallowed per item, mostly for lack of evidence, with the accounting to be finalised accordingly.

Court Disposition

Accountings and claims decided as detailed; most claims for mesne profits/trespass dismissed; just allowances partially allowed; parties directed to bring in short minutes for final orders, interest and costs.

Orders

  • ["Parties to bring in short minutes to finalise orders, interests, costs, and agent's fees if appropriate."]