Cisera v Cisera (No 2) [2023] NSWSC 1531

Cisera v Cisera (No 2) [2023] NSWSC 1531

The proceedings were struck out because the Court considered that the application had not been finally dealt with and should not continue or be determined on its merits without a contradictor, while the plaintiffs refused to take the steps required to appoint a contradictor or bear the associated costs, leaving no alternative course.

Jurisdiction
Australia
Judgment Date
08 December 2023
Procedural Posture
Application Under Division 3 a of Part 3 of the Trustee Act 1925 for Approval of a Deed of Family Arrangement Amending the Terms of a Discretionary Family Trust / Mention Following Earlier Judgment; Consequential Orders
Outcome
Proceedings struck out.
Legal Topics
['variation of Trusts' 'constitution of Proceedings' 'contradictor' 'minors' 'proceedings Struck Out']
['civil Procedure' 'trusts' 'equity'] ['variation of Trusts' 'constitution of Proceedings' 'contradictor' 'minors' 'proceedings Struck Out']

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Procedural Posture

Application Under Division 3 a of Part 3 of the Trustee Act 1925 for Approval of a Deed of Family Arrangement Amending the Terms of a Discretionary Family Trust / Mention Following Earlier Judgment; Consequential Orders

Legal Issues

  1. 1 ['Whether the application should proceed further or be disposed of on its merits without the appointment of a contradictor.' "Whether the plaintiffs' refusal to take steps to appoint a contradictor left any alternative to striking out the proceedings."]

Ratio Decidendi

The proceedings were struck out because the Court considered that the application had not been finally dealt with and should not continue or be determined on its merits without a contradictor, while the plaintiffs refused to take the steps required to appoint a contradictor or bear the associated costs, leaving no alternative course.

Court Disposition

Proceedings struck out.

Orders

  • ['Order that the proceedings be struck out.']