Bizzanelli & Anor v Bizzanelli & Anor [2007] NSWSC 1085

Leave to adduce expert evidence was refused because the proposed evidence was irrelevant to the real issues in the s 66G application for appointment of trustees for sale; no proprietary, fiduciary, or contractual obligations inconsistent with sale had been shown, and potential claims relating to company management do not affect the land ownership proceeding.

Jurisdiction: Australia
Judgment Date: 26 September 2007
Procedural Posture: Equity Proceeding – Application Under Conveyancing Act S 66 G / Interlocutory Hearing on Application to Adduce Expert Evidence
Outcome: Application to adduce expert evidence refused
Legal Topics: ['expert Evidence' 'trust for Sale' 'co Ownership' 'fiduciary Duties']

['equity' 'property Law' 'civil Procedure'] ['expert Evidence' 'trust for Sale' 'co Ownership' 'fiduciary Duties']

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Procedural Posture

Equity Proceeding – Application Under Conveyancing Act S 66 G / Interlocutory Hearing on Application to Adduce Expert Evidence

Legal Issues

1 ['Whether expert evidence from accountant should be permitted in s 66G application for appointment of trustees for sale' 'Scope of discretion to refuse s 66G orders in light of claimed fiduciary breach']

Ratio Decidendi

Court Disposition

Application to adduce expert evidence refused

Orders

["Defendants to pay plaintiffs' costs of the application" 'Matter listed before Registrar on 2 October 2007 at 9.30am']