Herfords Double Bay Pty Ltd v Herford (Jnr) [2013] NSWSC 1610

Herfords Double Bay Pty Ltd v Herford (Jnr) [2013] NSWSC 1610

Because the plaintiffs declined to seek positive monetary orders against Ms Chudleigh but pursued relief by way of account or enquiry, the proceedings should be case managed so far as reasonably possible to require the plaintiffs to litigate at the initial trial all issues capable of proper determination, including matters affecting proportionate liability and contribution. The Court could not immediately order that the account occur at trial without addressing whether an account should be ordered, defining the issues on the account and making appropriate directions, so the parties were directed to bring in short minutes.

Jurisdiction
Australia
Judgment Date
06 November 2013
Procedural Posture
Interlocutory Application / Fourth Defendant's Amended Notice of Motion Seeking That Any Account or Enquiry Be Heard Concurrently With the Plaintiffs' Claim and the Defendants' Cross Claims
Outcome
Parties directed to bring in short minutes; parties to be heard as to costs.
Legal Topics
['trial Procedure' 'accounts and Inquiries' 'executors and Trustees' "beneficiaries' Remedies" "directors' Duties" 'proportionate Liability' 'contribution']
['equity' 'trusts and Estates' 'civil Procedure' 'corporations'] ['trial Procedure' 'accounts and Inquiries' 'executors and Trustees' "beneficiaries' Remedies" "directors' Duties" 'proportionate Liability' 'contribution']

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

Interlocutory Application / Fourth Defendant's Amended Notice of Motion Seeking That Any Account or Enquiry Be Heard Concurrently With the Plaintiffs' Claim and the Defendants' Cross Claims

Legal Issues

  1. 1 ["Whether the determination of any account or enquiry to which the plaintiffs, or any one of them, is entitled should be heard concurrently with the plaintiffs' claim and the defendants' cross claims." 'Whether, on the pleaded case, the plaintiffs were likely to obtain an order for an account or enquiry against the fourth defendant.' 'How case management directions should ensure that all issues capable of determination are dealt with at the initial trial.']

Ratio Decidendi

Because the plaintiffs declined to seek positive monetary orders against Ms Chudleigh but pursued relief by way of account or enquiry, the proceedings should be case managed so far as reasonably possible to require the plaintiffs to litigate at the initial trial all issues capable of proper determination, including matters affecting proportionate liability and contribution. The Court could not immediately order that the account occur at trial without addressing whether an account should be ordered, defining the issues on the account and making appropriate directions, so the parties were directed to bring in short minutes.

Court Disposition

Parties directed to bring in short minutes; parties to be heard as to costs.

Orders

  • ['Direct the parties to bring in short minutes.' 'The parties will be heard as to costs.']