Scott MacRae Investments Pty Limited & Anor v Baylily Pty Limited & Ors [2010] NSWSC 174

Scott MacRae Investments Pty Limited & Anor v Baylily Pty Limited & Ors [2010] NSWSC 174

The admissions in the defendants' amended response, alongside the evidence provided, justify granting the plaintiffs judgment in terms of prayers 1(d), (e), and (f) of the amended summons. The power to grant judgment on admissions is discretionary, but in these circumstances, the necessary conditions were satisfied. Defendants' objections did not negate the efficacy of the evidence or admissions for the relief sought.

Parties
First Plaintiff: Scott MacRae Investments Pty Limited; Second Plaintiff: Scott Alexander MacRae; First Defendant: Baylily Pty Limited; Second Defendant: Scott Lennox Properties Pty Limited; Third Defendant: Pacific Plantations No. 6 Pty Limited; Fourth Defendant: Brooklet Pastoral Company No. 2 Pty Limited; Fifth Defendant: Cuefax Pty Limited; Sixth Defendant: David Robert Alexander MacRae
Jurisdiction
Australia
Judgment Date
12 March 2010
Procedural Posture
Application for Judgment on Admissions and Summary Judgment / Decision on Interlocutory Motions
Outcome
Plaintiffs entitled to relief sought in prayers 1(d), (e), and (f) of the amended summons; parties to bring in short minutes of order; summary judgment refused; indemnity costs order to plaintiffs.
Legal Topics
Judgment on Admissions, Summary Judgment, Trustee Appointment and Removal, Declaratory Relief, Indemnity Costs
Equity Trusts and Trustees Civil Procedure Judgment on Admissions Summary Judgment Trustee Appointment and Removal Declaratory Relief Indemnity Costs

Case Brief

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Parties

Scott MacRae Investments Pty Limited

First Plaintiff

Scott Alexander MacRae

Second Plaintiff

Baylily Pty Limited

First Defendant

Scott Lennox Properties Pty Limited

Second Defendant

Pacific Plantations No. 6 Pty Limited

Third Defendant

Brooklet Pastoral Company No. 2 Pty Limited

Fourth Defendant

Cuefax Pty Limited

Fifth Defendant

David Robert Alexander MacRae

Sixth Defendant

Procedural Posture

Application for Judgment on Admissions and Summary Judgment / Decision on Interlocutory Motions

Legal Issues

  1. 1 Whether judgment should be entered for the plaintiffs on admissions under UCPR rule 17.7 and/or summary judgment under rule 13.1
  2. 2 Whether Scott MacRae Investments Pty Limited has been validly appointed as trustee of the Scott MacRae Trust
  3. 3 Whether Baylily Pty Limited and Pacific Lennox Properties Pty Limited should transfer trust property and update the unit holder register

Ratio Decidendi

The admissions in the defendants' amended response, alongside the evidence provided, justify granting the plaintiffs judgment in terms of prayers 1(d), (e), and (f) of the amended summons. The power to grant judgment on admissions is discretionary, but in these circumstances, the necessary conditions were satisfied. Defendants' objections did not negate the efficacy of the evidence or admissions for the relief sought.

Court Disposition

Plaintiffs entitled to relief sought in prayers 1(d), (e), and (f) of the amended summons; parties to bring in short minutes of order; summary judgment refused; indemnity costs order to plaintiffs.

Orders

  • Plaintiffs entitled to relief in prayers 1(d), (e), and (f) of amended summons.
  • Parties to bring in short minutes of order.