Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1:

1. On 26 March 2025, I handed down my decision in the principal dispute in this matter (O'Farrell v McCarthy (No 3) [2025] NSWSC 249). I made a number of orders which can be found in para 150 of the decision.

2. For present purposes the relevant orders were Orders 5, 10 and 11:

"5. An order pursuant to s 1317H of the Corporations Act 2001 (Cth) that the first defendant compensate the second plaintiff for damage resulting from his breaches of ss 180 and 181 of the Corporations Act 2001 (Cth) by payment to the second plaintiff of the amounts of the consultancy payments and the travel payments, namely the sums of $501,355.01 and $88,281.85 respectively.

10. The first defendant is to pay the first, second and third plaintiffs' costs of the proceedings.

11. The parties have liberty to make submissions on interest and on any alternative costs order."

3. The first plaintiff (whom I will refer to as Mr O'Farrell), listed the matter before me on 30 May 2025. He was unrepresented but provided me with Short Minutes of Order and some supporting material. The first defendant, Mr McCarthy, had been notified of the listing and appeared by telephone from Morocco where he said he was currently in the recovery phase of medical treatment. His permanent address seems to be in Egypt or Dubai although he appeared today from Portugal.

4. I told Mr O'Farrell that some of the orders he sought were more in the nature of enforcement than suitable for re-listing. I suggested he seek legal advice, noting that he had been represented during the primary hearing. I stood the matter over to 13 June 2025.

5. Mr O'Farrell took up my suggestion to obtain legal advice; and has clearly derived the benefit of doing so. This was reflected in the Short Minutes of Order sought by him which fell within the liberty that I granted in Order 11.

6. On 13 June 2025 I gave orders setting out a timetable for any further evidence and for submissions. I allocated a hearing date of 1 August 2025.

7. The evidence, when the matter came on for hearing today included the following:

1) Affidavits of Mr O'Farrell dated 28 May 2025, and 18 July 2025 respectively. Both affidavits annex a large exhibit.

2) Emails from Mr McCarthy sent on 13 June 2025, 4 July 2025 and 1 August 2025 respectively. The emails may be described as a combination of evidence and submissions.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19863580d331b1ead0421106)

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