Via Bertino Pty Ltd v Yee [2018] NSWSC 1587

Australian Legal Research House Pty Ltd (Goodwyn) held the funds paid by Via Bertino in its trust account on trust, with the obligation not to disburse those funds except in accordance with the resolution of disputes. Payment of the trust funds contrary to this obligation constituted a breach of trust for which Goodwyn is liable for equitable compensation to Via Bertino.

Jurisdiction: Australia
Judgment Date: 23 October 2018
Procedural Posture: Equity Commercial List / Principal Judgment
Outcome: Judgment for plaintiff against the second defendant
Legal Topics: ['breaches of Trust' 'misappropriation of Trust Property' 'party/party Costs' 'equitable Compensation']

['equity' 'trusts' 'commercial Law'] ['breaches of Trust' 'misappropriation of Trust Property' 'party/party Costs' 'equitable Compensation']

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Procedural Posture

Equity Commercial List / Principal Judgment

Legal Issues

1 ['Whether the funds paid into the trust account were held on trust for Via Bertino Pty Ltd and the Developers' 'Whether Australian Legal Research House Pty Ltd breached its trust obligations in relation to the funds' 'Entitlement to equitable compensation for breach of trust' 'Appropriate order for costs']

Ratio Decidendi

Court Disposition

Judgment for plaintiff against the second defendant

Orders

['Judgment for the plaintiff against the second defendant for the sum of $69,420.55' "Subject to orders (3) and (4), the second defendant pay half the plaintiff's costs of the proceedings" 'Order (2) is stayed for 21 days' 'If any party seeks an order in relation to costs which is different from order (2), that...