Schoupp v Verryt (No 2) [2014] NSWDC 29
Following the earlier assessment of the plaintiff's damages at $1,954,150.47 and the finding that the plaintiff was entitled to damages for funds management charges, the parties agreed consequential orders assessing funds management charges at $250,000 and entering final judgment for the plaintiff for $2,204,150.47, with associated costs, stay, payment into court, and liberty to apply orders.
- Jurisdiction
- Australia
- Judgment Date
- 15 April 2014
- Procedural Posture
- Civil / Consequential Orders on Conclusion of the Proceedings
- Outcome
- Verdict and final judgment for the plaintiff in the sum of $2,204,150.47 including funds management charges, with consequential orders as agreed by the parties.
- Legal Topics
- ['final Orders' 'funds Management Charges' 'final Judgment' 'indemnity Costs' 'stay of Judgment Pending Appeal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Consequential Orders on Conclusion of the Proceedings
Legal Issues
- 1 ['Assessment of damages for funds management charges following earlier damages reasons' 'Entry of verdict and final judgment including funds management charges' 'Costs of the proceedings and stay of judgment pending appeal']
Ratio Decidendi
Following the earlier assessment of the plaintiff's damages at $1,954,150.47 and the finding that the plaintiff was entitled to damages for funds management charges, the parties agreed consequential orders assessing funds management charges at $250,000 and entering final judgment for the plaintiff for $2,204,150.47, with associated costs, stay, payment into court, and liberty to apply orders.
Court Disposition
Verdict and final judgment for the plaintiff in the sum of $2,204,150.47 including funds management charges, with consequential orders as agreed by the parties.
Orders
- ['Damages for funds management charges are assessed in the agreed amount of $250,000' 'Verdict and final judgment for the plaintiff in the sum of $2,204,150.47 including funds management charges' "The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis until 28 November 2013, and then...
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