Equity - Commercial List.
Vary order to increase the amount the second defendant may spend on her costs to $200,000.
Kirralee Young represented the second defendant.
Reasons for the decision can be found here.
Moriah War Memorial College Association v Augustine Robert Nosti [2020] NSWSC 942 (23 July 2020)
EQUITY – Fiduciary duties – First defendant was the financial controller of the plaintiff school and dishonestly transferred money from the plaintiff’s bank account and diverted the plaintiff’s tax refunds into various bank accounts in his and the second defendant’s name – Barnes v Addy first limb claim against the second defendant for knowing receipt – Whether the second defendant was a recipient of trust property – Whether the second defendant had sufficient knowledge of the trust and its breach to render her personally liable – Alternative restitutionary claim against the second defendant for the benefit of the misappropriations received by her as a volunteer and retained after notice of the plaintiff’s claim – HELD – First defendant breached his fiduciary duties to the plaintiff and is liable to the plaintiff for damages in the amount he stole – HELD – Not established that the second defendant had sufficient knowledge for the purposes of the Barnes v Addy claim – Second defendant liable for restitutionary claim but not for knowing receipt.
Kirralee Young represented the second defendant.
Reasons for the decision can be found here.