Jun International Property Pty Ltd v Australian Brothers Group Pty Ltd [2022] NSWSC 701

Jun International Property Pty Ltd v Australian Brothers Group Pty Ltd [2022] NSWSC 701

As the final accounting between the parties regarding the $450,000 held in trust has not yet been completed, nor the parties’ entitlements determined by expert determination, no party is entitled to payment at this stage and monies must be retained in trust pending final determination following the amended summons.

Parties
Plaintiff/applicant: Jun International Property Pty Limited; Defendant/respondent: Australian Brothers Group Pty Limited; Defendant/respondent: ABG Group Pty Limited
Jurisdiction
Australia
Judgment Date
30 May 2022
Procedural Posture
Equity Proceedings – Interlocutory Applications / Ruling on Competing Motions, Amendment of Summons, Costs Orders
Outcome
Defendants' and plaintiff's competing motions dismissed; leave granted to amend summons; costs ordered; proceedings to continue for further directions.
Legal Topics
Joint Venture Agreement, Trust Account, Expert Determination, Division of Sale Proceeds, Amendment of Pleadings, Costs
Equity Property Law Partnerships and Joint Ventures Joint Venture Agreement Trust Account Expert Determination Division of Sale Proceeds Amendment of Pleadings +1 more

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Parties

Jun International Property Pty Limited

Plaintiff/applicant

Australian Brothers Group Pty Limited

Defendant/respondent

ABG Group Pty Limited

Defendant/respondent

Procedural Posture

Equity Proceedings – Interlocutory Applications / Ruling on Competing Motions, Amendment of Summons, Costs Orders

Legal Issues

  1. 1 Whether the parties are entitled to payment from monies held in trust prior to final expert determination
  2. 2 Whether leave should be granted to amend the summons to reflect further accounting disputes
  3. 3 Whether costs should be awarded and to whom

Ratio Decidendi

As the final accounting between the parties regarding the $450,000 held in trust has not yet been completed, nor the parties’ entitlements determined by expert determination, no party is entitled to payment at this stage and monies must be retained in trust pending final determination following the amended summons.

Court Disposition

Defendants' and plaintiff's competing motions dismissed; leave granted to amend summons; costs ordered; proceedings to continue for further directions.

Orders

  • Order that the defendants' notice of motion filed 23 September 2021 be dismissed.
  • Order that the plaintiff's notice of motion filed 16 November 2021 be dismissed.