Lo Presti v Karabalios [2000] NSWSC 395

Lo Presti v Karabalios [2000] NSWSC 395

Both the appeal and cross-appeal failed. The Court concluded the Master was entitled to find Karabalios' use of the rent roll caused the loss of 30 clients, applying an equitable 'but for' test of causation. The quantum of damages, calculated on the value of contracts lost rather than the whole rent roll, was appropriate. The Master had jurisdiction to award equitable compensation for breach of fiduciary duty implied in employment. There was no basis to interfere with the factual findings or quantum; respondent's cross-claim for higher quantum also failed as the evidence did not support a broader loss.

Jurisdiction
Australia
Judgment Date
15 May 2000
Procedural Posture
Appeal and Cross Appeal From Assessment of Damages / Judgment on Appeal and Cross Appeal
Outcome
Appeal and cross-appeal dismissed
Legal Topics
['equitable Remedies' 'equitable Compensation' 'employment Law' 'breach of Fiduciary Duty' 'causation' 'confidential Information']
['equity'] ['equitable Remedies' 'equitable Compensation' 'employment Law' 'breach of Fiduciary Duty' 'causation' 'confidential Information']

Case Brief

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Procedural Posture

Appeal and Cross Appeal From Assessment of Damages / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 ['Whether the Master erred in awarding equitable compensation for breach of fiduciary duty after trial judge found breach of contract and referred damages assessment' 'Whether causation principles were correctly applied in calculation of loss from misuse of confidential information by ex-employee']

Ratio Decidendi

Both the appeal and cross-appeal failed. The Court concluded the Master was entitled to find Karabalios' use of the rent roll caused the loss of 30 clients, applying an equitable 'but for' test of causation. The quantum of damages, calculated on the value of contracts lost rather than the whole rent roll, was appropriate. The Master had jurisdiction to award equitable compensation for breach of fiduciary duty implied in employment. There was no basis to interfere with the factual findings or quantum; respondent's cross-claim for higher quantum also failed as the evidence did not support a broader loss.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • []