Break Fast Investments Pty Ltd v Perikles Giannopoulos (also known as Perry Giannopoulos) & Anor (No 5) [2011] NSWSC 1508

Break Fast Investments Pty Ltd v Perikles Giannopoulos (also known as Perry Giannopoulos) & Anor (No 5) [2011] NSWSC 1508

The Court found that payments totalling $317,000 by Break Fast Investments Pty Ltd to Perikles Giannopoulos were made without proper authority and that a personal claim in unjust enrichment against Mr Giannopoulos was established to the extent of any enrichment retained as at October 2009 when notice was given. There was insufficient evidence to establish proprietary claims or claims under Black v S Freedman & Co or Barnes v Addy, and defences of estoppel, change of position, statutory, laches or subrogation were not made out on the facts. The Court allowed further submissions on the quantum of relief.

Jurisdiction
Australia
Judgment Date
09 December 2011
Procedural Posture
Civil / Principal Judgment, Post Trial With Opportunity for Further Submissions as to Quantum of Relief
Outcome
Personal claim in unjust enrichment against Mr Giannopoulos established; further submissions invited on the extent of enrichment and quantum; other claims dismissed.
Legal Topics
['constructive Trust' 'knowing Receipt' 'knowing Assistance' 'unjust Enrichment' 'indefeasibility of Title' 'monies Had and Received' "directors' Authority" 'change of Position Defence' 'personal and Proprietary Remedies' 'barnes V Addy Liability' 'real Property Act in Personam Exception']
['equity' 'real Property' 'restitution'] ['constructive Trust' 'knowing Receipt' 'knowing Assistance' 'unjust Enrichment' 'indefeasibility of Title' 'monies Had and Received' "directors' Authority" 'change of Position Defence' 'personal and Proprietary Remedies' 'barnes V Addy Liability' 'real Property Act in Personam Exception']

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Procedural Posture

Civil / Principal Judgment, Post Trial With Opportunity for Further Submissions as to Quantum of Relief

Legal Issues

  1. 1 ['Were payments made by Break Fast to Mr Giannopoulos unauthorised and available to be recovered in unjust enrichment?' 'Did the defendants have defences based on estoppel, change of position, or other bases to the unjust enrichment claim?' 'Is a claim available under Black v S Freedman & Co for monies received as a volunteer?' 'Is a claim to subrogation or under Barnes v Addy for knowing receipt or knowing assistance established?' 'Are proprietary remedies precluded by s 42 of the Real Property Act 1900 (NSW)?']

Ratio Decidendi

The Court found that payments totalling $317,000 by Break Fast Investments Pty Ltd to Perikles Giannopoulos were made without proper authority and that a personal claim in unjust enrichment against Mr Giannopoulos was established to the extent of any enrichment retained as at October 2009 when notice was given. There was insufficient evidence to establish proprietary claims or claims under Black v S Freedman & Co or Barnes v Addy, and defences of estoppel, change of position, statutory, laches or subrogation were not made out on the facts. The Court allowed further submissions on the quantum of relief.

Court Disposition

Personal claim in unjust enrichment against Mr Giannopoulos established; further submissions invited on the extent of enrichment and quantum; other claims dismissed.

Orders

  • ['Claim in unjust enrichment against Mr Giannopoulos established to extent of any retained enrichment, with further submissions on quantum invited.' 'Claim in unjust enrichment against Ms Faraone dismissed.' 'Claims under Black v S Freedman & Co, knowing receipt, knowing assistance, and subrogation dismissed.'...