Anjoul v Anjoul (No 3) [2022] NSWSC 1456

Anjoul v Anjoul (No 3) [2022] NSWSC 1456

The fair and reasonable compensation payable by Ashley was $400,000. The Court used Mr Seeto's adjusted estimate of about $515,000 only as a starting point, because Jerry still had not provided objective proof of actual payments, discounts, contra services or their cost. Given the family and community-based contra...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 October 2022
Procedural Posture
Equity Proceeding Concerning Enforcement and Setting Aside of a Deed and Compensation for Renovation Works / Consequential Orders; Assessment of Compensation Payable as a Condition of Setting Aside the Deed After Further Evidence
Outcome
Compensation assessed at $400,000; final orders deferred pending further submissions and case management orders on costs.
Legal Topics
['equitable Maxim That They Who Seek Equity Must Do Equity' 'unconscionable Conduct' 'contracts Review Act 1980 (nsw) Relief' 'conditions for Declaring Deed Void' 'assessment of Compensation' 'over Capitalisation of Residential Renovations' 'expert Valuation and Quantity Surveying Evidence']
['equity' 'contracts' 'restitution' 'building and Construction'] ['equitable Maxim That They Who Seek Equity Must Do Equity' 'unconscionable Conduct' 'contracts Review Act 1980 (nsw) Relief' 'conditions for Declaring Deed Void' 'assessment of Compensation' 'over Capitalisation of Residential Renovations' 'expert Valuation and Quantity Surveying Evidence']

Source-derived case record

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Procedural Posture

Equity Proceeding Concerning Enforcement and Setting Aside of a Deed and Compensation for Renovation Works / Consequential Orders; Assessment of Compensation Payable as a Condition of Setting Aside the Deed After Further Evidence

Legal Issues

  1. 1 ['What amount of compensation Ashley should pay Jerry as a condition of the Court setting aside or declaring void the deed dated 14 November 2013.' "Whether the quantity surveyor's estimate of the reasonable cost of the renovation works should be accepted or discounted because of evidentiary deficiencies, contra arrangements and non-arm's length dealings." 'Whether compensation should include any uplift for notional interest.' 'Whether compensation should be discounted on the basis that Anthony Anjoul was jointly liable to Jerry.']

Ratio Decidendi

The fair and reasonable compensation payable by Ashley was $400,000. The Court used Mr Seeto's adjusted estimate of about $515,000 only as a starting point, because Jerry still had not provided objective proof of actual payments, discounts, contra services or their cost. Given the family and community-based contra arrangements, the Court considered further discounts necessary: 15% on the materials and plant component and 30% on the labour component. No notional interest uplift was allowed because the delay and uncertainty resulted largely from Jerry's failure to prove the amount of compensation with reasonable precision. No further discount was made for Anthony's possible joint liability...

Court Disposition

Compensation assessed at $400,000; final orders deferred pending further submissions and case management orders on costs.

Orders

  • ["Ashley should pay $400,000 in compensation to Jerry substantially on the terms of Ashley's proposed short minutes of 8 December 2021, except for proposed order 11 concerning costs." 'The Court will receive further submissions on costs before final orders are made.' 'The parties should confer and, if possible,...