Torlonia v Wright (No 2) [2017] NSWSC 951

Torlonia v Wright (No 2) [2017] NSWSC 951

Mr Wright failed to discharge the burden of proof required to justify the payments to Etres Resources, excessive payments to Frank McDonald, and substantial payments to himself and his entities beyond what could be supported by documentation and evidence of authority. Accordingly, these falsifications are upheld, limited amounts are allowed as justified (for McDonald grave, reasonable remuneration, and specific expenses), and the remainder is disallowed.

Parties
Plaintiff: Philippa Louise Torlonia; Defendant: Andrew David Lincoln Wright
Jurisdiction
Australia
Judgment Date
17 July 2017
Procedural Posture
Equity / Accounts Taken Before Trial Judge Following Prior Liability Judgment
Outcome
Plaintiff's falsifications upheld in the amount of $2,074,124.49; Court directs plaintiff to bring in short minutes to give effect to this judgment, on a date to be fixed.
Legal Topics
Fiduciary Duties, Accounting, Procedural Aspects of Taking Accounts, Remuneration and Expenses of Accounting Party
Equity Fiduciary Duties Accounting Procedural Aspects of Taking Accounts Remuneration and Expenses of Accounting Party

Case Brief

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Parties

Philippa Louise Torlonia

Plaintiff

Andrew David Lincoln Wright

Defendant

Procedural Posture

Equity / Accounts Taken Before Trial Judge Following Prior Liability Judgment

Legal Issues

  1. 1 Whether Mr Wright was authorised to make specific payments to Etres Resources Limited on behalf of Mrs Torlonia
  2. 2 Whether Mr Wright was authorised to pay amounts to or for Frank McDonald in excess of an agreed loan cap
  3. 3 Whether payments to Mr Wright and his related entities were justified as reasonable remuneration and expenses

Ratio Decidendi

Mr Wright failed to discharge the burden of proof required to justify the payments to Etres Resources, excessive payments to Frank McDonald, and substantial payments to himself and his entities beyond what could be supported by documentation and evidence of authority. Accordingly, these falsifications are upheld, limited amounts are allowed as justified (for McDonald grave, reasonable remuneration, and specific expenses), and the remainder is disallowed.

Court Disposition

Plaintiff's falsifications upheld in the amount of $2,074,124.49; Court directs plaintiff to bring in short minutes to give effect to this judgment, on a date to be fixed.

Orders

  • Plaintiff to bring in short minutes to give effect to judgment; sum to be determined in accordance with judgment upheld