H. Polesy & Co Pty Limited -v- Peter Wayne Cherry [2011] NSWSC 1336

H. Polesy & Co Pty Limited -v- Peter Wayne Cherry [2011] NSWSC 1336

The profit earned by Compete Textiles from the illicit activities, to be accounted to the plaintiff, is $22,400, with each defendant liable for $11,200. The court gave no credit for unsupported operating expenses claimed by the defendants. The plaintiff succeeded against the first defendant and is awarded costs against him, while the plaintiff is ordered to pay the second defendant's costs in the assessed amount of $7,000 due to wasted costs caused by the plaintiff's inability to call a witness.

Jurisdiction
Australia
Judgment Date
11 October 2011
Procedural Posture
Principal Judgment / Account of Profits Inquiry and Final Judgment
Outcome
Judgment for the plaintiff in account of profits inquiry.
Legal Topics
['account of Profits']
['equity'] ['account of Profits']

Case Brief

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Procedural Posture

Principal Judgment / Account of Profits Inquiry and Final Judgment

Legal Issues

  1. 1 ['What is the amount of profits earned by Compete Textiles from the joint enterprise of the defendants to be accounted to the plaintiff?' 'Are the defendants entitled to deductions for operating expenses in the calculation of account of profits?' 'What costs orders should be made between the parties?']

Ratio Decidendi

The profit earned by Compete Textiles from the illicit activities, to be accounted to the plaintiff, is $22,400, with each defendant liable for $11,200. The court gave no credit for unsupported operating expenses claimed by the defendants. The plaintiff succeeded against the first defendant and is awarded costs against him, while the plaintiff is ordered to pay the second defendant's costs in the assessed amount of $7,000 due to wasted costs caused by the plaintiff's inability to call a witness.

Court Disposition

Judgment for the plaintiff in account of profits inquiry.

Orders

  • ['Each of the first defendant and the second defendant to account to the plaintiff for $11,200.' "The plaintiff to pay the second defendant's costs in the amount of $7,000." "The first defendant to pay the plaintiff's costs of the proceedings against him." 'No other orders as to costs between the plaintiff and the...