Y Primavera v T Bakos & Anor [2019] NSWSC 825

Y Primavera v T Bakos & Anor [2019] NSWSC 825

Ms Bakos breached fiduciary duties as director by overpaying herself salary and making unauthorised transfers from BIPC to PCS, not in good faith or for proper corporate purpose; quantification of losses based on amounts paid versus entitlements, with deductions for proven repayments and business expenses.

Jurisdiction
Australia
Judgment Date
03 July 2019
Procedural Posture
Equity Corporations List / Principal Judgment
Outcome
Plaintiff entitled to recover amounts for overpaid salary and unauthorised transfers; orders made for parties to bring in agreed orders to give effect within 14 days.
Legal Topics
["directors' Fiduciary Duties" 'overpayment of Salary' 'unauthorised Transfers' 'pleadings Requirements']
['corporations Law' 'equity'] ["directors' Fiduciary Duties" 'overpayment of Salary' 'unauthorised Transfers' 'pleadings Requirements']

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Procedural Posture

Equity Corporations List / Principal Judgment

Legal Issues

  1. 1 ['Whether Ms Bakos overpaid herself salary in breach of fiduciary duties' 'Whether Ms Bakos caused unauthorised transfers from BIPC to PCS in breach of fiduciary duties' 'Quantification of overpaid salary and unauthorised transfers']

Ratio Decidendi

Ms Bakos breached fiduciary duties as director by overpaying herself salary and making unauthorised transfers from BIPC to PCS, not in good faith or for proper corporate purpose; quantification of losses based on amounts paid versus entitlements, with deductions for proven repayments and business expenses.

Court Disposition

Plaintiff entitled to recover amounts for overpaid salary and unauthorised transfers; orders made for parties to bring in agreed orders to give effect within 14 days.

Orders

  • ['Plaintiff entitled to recover $37,251.30 for overpaid salary.' 'Plaintiff entitled to recover $32,314.88 for unauthorised transfers to PCS, with interest to be calculated under s 100 Civil Procedure Act 2005 (NSW).' 'Parties to bring in agreed orders including costs within 14 days or submit competing short minutes...