ARYZTA Australia Pty Ltd v Jakimovski [2015] NSWSC 300

ARYZTA Australia Pty Ltd v Jakimovski [2015] NSWSC 300

The plaintiff failed to prove on the balance of probabilities that the husband either received the tainted property or had constructive notice of receipt of property derived from breach of fiduciary duty; thus, the claim against the husband fails.

Parties
Plaintiff: ARYZTA Australia Pty Ltd; First Defendant: Suzana Jakimovski; Second Defendant: Thomas Jakimovski
Jurisdiction
Australia
Judgment Date
31 March 2015
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff's claim against the second defendant dismissed; verdict for second defendant; costs against plaintiff.
Legal Topics
Fiduciary Duty, Knowing Receipt, Barnes V Addy, Constructive Notice
Equity Fiduciary Duty Knowing Receipt Barnes V Addy Constructive Notice

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 3 Authorities cited 13 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

ARYZTA Australia Pty Ltd

Plaintiff

Suzana Jakimovski

First Defendant

Thomas Jakimovski

Second Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the second defendant (husband) is liable as a knowing recipient of funds embezzled by his wife from the plaintiff in breach of fiduciary duty under the first limb of Barnes v Addy.

Ratio Decidendi

The plaintiff failed to prove on the balance of probabilities that the husband either received the tainted property or had constructive notice of receipt of property derived from breach of fiduciary duty; thus, the claim against the husband fails.

Court Disposition

Plaintiff's claim against the second defendant dismissed; verdict for second defendant; costs against plaintiff.

Orders

  • The plaintiff's claim against the second defendant (Thomas Jakimovski) fails.
  • Verdict for the second defendant.