Bowden v Bowden [2020] NSWSC 1863

Bowden v Bowden [2020] NSWSC 1863

Although the plaintiffs' application was late and they had not complied with earlier evidence orders, the Court granted an adjournment and made directions for evidence because the plaintiffs raised issues about whether material was before the referee and not considered, Kevin Bowden had limited capacity to represent himself, Phillip Bowden had health difficulties, and the plaintiffs had recently lost their solicitors. The Court treated this as the plaintiffs' last opportunity to put on evidence before the motion to adopt the referee's report is determined.

Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Equity Proceedings Concerning Interests in Real Property and Adoption of a Referee's Report / Defendants' Motion to Adopt the Referee's Report; Plaintiffs Sought an Adjournment to Put on Further Evidence
Outcome
The parties were directed to put on further evidence, the proceedings were adjourned for further hearing, and costs were reserved.
Legal Topics
['court Referral to Referee' "adoption of Referee's Report" "additional Evidence After Referee's Report" 'equitable Interests in Real Property' 'equitable Charge for Contributions to Land' 'sale Under Conveyancing Act 1919, S 66 G']
['civil Procedure' 'equity' 'property Law'] ['court Referral to Referee' "adoption of Referee's Report" "additional Evidence After Referee's Report" 'equitable Interests in Real Property' 'equitable Charge for Contributions to Land' 'sale Under Conveyancing Act 1919, S 66 G']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceedings Concerning Interests in Real Property and Adoption of a Referee's Report / Defendants' Motion to Adopt the Referee's Report; Plaintiffs Sought an Adjournment to Put on Further Evidence

Legal Issues

  1. 1 ["Whether the referee's report should be adopted under Uniform Civil Procedure Rules 2005, r 20.24." "Whether the plaintiffs should be given leave and time to put on further evidence opposing adoption of the referee's report." "Whether the referee's report failed to consider contributions made by the second plaintiff family trust or other material allegedly provided by the plaintiffs."]

Ratio Decidendi

Although the plaintiffs' application was late and they had not complied with earlier evidence orders, the Court granted an adjournment and made directions for evidence because the plaintiffs raised issues about whether material was before the referee and not considered, Kevin Bowden had limited capacity to represent himself, Phillip Bowden had health difficulties, and the plaintiffs had recently lost their solicitors. The Court treated this as the plaintiffs' last opportunity to put on evidence before the motion to adopt the referee's report is determined.

Court Disposition

The parties were directed to put on further evidence, the proceedings were adjourned for further hearing, and costs were reserved.

Orders

  • ["Direct the plaintiffs to put on any evidence upon which they wish to rely in order to oppose the adoption of the referee's report by 4pm on Friday, 12 February 2021." 'Direct the defendants to put on any evidence upon which they wish to rely in reply by 4pm on Friday, 26 February 2021.' "Direct the parties to file...