NSW Supreme Court Rulings

Read the Judgments

This page features the court judgments pertaining to the case against Terry Paule, heard in the Court of NSW. The shareholders initiated legal action, leading to a that found he violated several director duties. The judge ruled that Terry must pay more than $15 million USD to the plaintiffs, along with 90% of their legal expenses. Additional court time was spent securing the funds owed to the plaintiffs, including a caveat on Terry's property located on Albany Road, Toorak.

30th May, 2025 Orders

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Justice Ball's orders from December 20 2024, are on hold until 5pm on the first day of the NSW Court of Appeal hearing with these conditions: The fifth defendant must promise not to with 63 Albany Road, Toorak, or other owned properties in regular business. He must also give the plaintiffs a charge over 63 Albany to secure judgment debts by 5pm on June 3, 2025. This stay takes effect if conditions are met, and costs the fifth defendant’s motion will follow the appeal outcome.

Link Here: https://www.caselaw.nsw.gov.au/decision/1972ee6100c76d2ce6984572

20th December, 2024 Orders

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This is the judgement handed down that states what Terry has to pay.

1. Terry Paule pay the second plaintiff the sum of USD8,518,852.64;

2. Terry Paule pay the fourth plaintiff the sum of USD7,469,896.98;

Terry Paule pay 90 percent of the plaintiffs’ costs on the ordinary basis as agreed or assessed;

Link Here:

https://www.caselaw.nsw.gov.au/decision/193d6eb37b6d7df6690d4129

20th December, 2024 Orders

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This is the judgment that you want to read. It gives an overview of the whole case and insight into how Terry and Spiro Paule carried out their business activities and as we hear to the detrement of the inventor / founder and original investor.

Link Here:

https://www.caselaw.nsw.gov.au/decision/1914f6589b93483c844f9755

25th July, 2025 Appeal Decision

The New South Wales Court of Appeal dismissed an appeal by Botanical Water Technologies IP Ltd (BWT), MyCo Pty Ltd, and Mr. Terry Paule, upholding a lower court's ruling. The core issue was Mr. Paule's conduct in commercializing "botanical water technology" developed by Dr. Ambrosios Kambouris.

The primary judge found that Mr. Paule breached his fiduciary duties to Dr. Kambouris and DJD Trading Pty Ltd (DJD) by prioritizing his own interests, specifically by converting MyCo's loan to BWT into shares in BWT UK, a company where Dr. Kambouris and Mr. Driver (representing DJD) had an unclear shareholding and no directorial control. This breach led to an award of USD $15,837,000 in equitable compensation.

The appeal primarily challenged whether Mr. Paule owed these fiduciary duties, if he received fair treatment in the process, and whether the awarded loss was directly caused by the breach and not merely a "reflective loss" of the company. The Court of Appeal rejected these arguments, affirming the original judgment against Mr. Paule and the other appellants.

Link Here: https://www.caselaw.nsw.gov.au/decision/19834eae1da18c5e2d6af215#