Perpetual Trustee Company Ltd v Papantoniou (No. 2) [2014] NSWSC 746

Perpetual Trustee Company Ltd v Papantoniou (No. 2) [2014] NSWSC 746

The judge had overlooked deducting $4,000 from the Estate of James Brown's share before calculating compensation and interest, and had used an interest rate 2% higher than the rate fixed by Practice Note SC Gen 16. Those errors were appropriate to correct under the slip rule. Because the corrections and updated trust fund position significantly affected the orders made on 30 May 2014, the previous orders were revoked and replacement orders were made for declarations, compensation inclusive of interest, trust fund directions, costs, and liberty to apply.

Jurisdiction
Australia
Judgment Date
10 June 2014
Procedural Posture
Consequential Orders / Rectification of Orders Under the Slip Rule and Calculation of Pre Judgment Interest After Orders Pronounced on 30 May 2014
Outcome
Orders pronounced on 30 May 2014 were revoked and replaced. Robert Brown and the Estate of James Brown obtained declarations and compensation inclusive of interest. Mrs Papantoniou was declared entitled to the trust funds held by Barwick Boitano, subject to satisfaction of the compensation orders. Her second...
Legal Topics
['rectification of Orders' 'slip Rule' 'pre Judgment Interest' 'contracts Review Act Relief' 'costs' 'trust Funds']
['civil Procedure' 'remedies' 'contracts'] ['rectification of Orders' 'slip Rule' 'pre Judgment Interest' 'contracts Review Act Relief' 'costs' 'trust Funds']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Consequential Orders / Rectification of Orders Under the Slip Rule and Calculation of Pre Judgment Interest After Orders Pronounced on 30 May 2014

Legal Issues

  1. 1 ['Whether an overlooked deduction of $4,000 in the calculation of compensation should be corrected under Rule 36.7 Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the pre-judgment interest calculation should be corrected to reflect the rate fixed by Practice Note SC Gen 16.' 'Whether previous orders should be revoked and new orders made to reflect the corrected compensation calculations, interest, and the current trust fund arrangements.' 'Whether liberty should be reserved to apply concerning release of the trust fund and possible variation of costs orders.']

Ratio Decidendi

The judge had overlooked deducting $4,000 from the Estate of James Brown's share before calculating compensation and interest, and had used an interest rate 2% higher than the rate fixed by Practice Note SC Gen 16. Those errors were appropriate to correct under the slip rule. Because the corrections and updated trust fund position significantly affected the orders made on 30 May 2014, the previous orders were revoked and replacement orders were made for declarations, compensation inclusive of interest, trust fund directions, costs, and liberty to apply.

Court Disposition

Orders pronounced on 30 May 2014 were revoked and replaced. Robert Brown and the Estate of James Brown obtained declarations and compensation inclusive of interest. Mrs Papantoniou was declared entitled to the trust funds held by Barwick Boitano, subject to satisfaction of the compensation orders. Her second...

Orders

  • ['In the first cross-claim brought by Robert Brown: the orders pronounced on 30th May 2014 are revoked.' 'Under s 7(1)(b) Contracts Review Act 1980 declare the contract among Robert Brown, James Brown and Stella Papantoniou to the extent to which it provides for the liability of Mrs Papantoniou for the loan from...