Grace v Grace (No 6) [2013] NSWSC 897

Grace v Grace (No 6) [2013] NSWSC 897

The plaintiff's notice sufficiently complied with the requirement to give notice of the points on which the accounting parties were to be examined. The authorities and historical procedure for taking accounts did not require the plaintiff at this stage to provide item-by-item particulars of every disputed matter; the defendants' proposed directions would prematurely require what were in effect surcharges and falsifications. Accordingly, the directions sought by the defendants were declined.

Jurisdiction
Australia
Judgment Date
09 July 2013
Procedural Posture
Interlocutory Applications / Defendants Sought Directions Requiring Further Particularisation and Limits on the Plaintiff's Viva Voce Examination of Accounting Parties Before Filing Surcharges, Falsifications and Objections.
Outcome
Directions sought by the defendants are declined.
Legal Topics
['accounts' 'examination of Accounting Party' 'surcharges and Falsifications' 'notice of Points of Examination']
['equity' 'civil Procedure'] ['accounts' 'examination of Accounting Party' 'surcharges and Falsifications' 'notice of Points of Examination']

Case Brief

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Procedural Posture

Interlocutory Applications / Defendants Sought Directions Requiring Further Particularisation and Limits on the Plaintiff's Viva Voce Examination of Accounting Parties Before Filing Surcharges, Falsifications and Objections.

Legal Issues

  1. 1 ["Whether the plaintiff's notice of areas of examination sufficiently identified the points on which the accounting parties were to be examined." 'Whether the plaintiff was required, before examination of the accounting parties, to identify each disputed item, inaccuracy, benefit, missing page, discrepancy, absence of supporting documents, or omitted transaction in the accounts.' 'Whether the examination should be prospectively limited to only items further particularised as sought by the defendants.']

Ratio Decidendi

The plaintiff's notice sufficiently complied with the requirement to give notice of the points on which the accounting parties were to be examined. The authorities and historical procedure for taking accounts did not require the plaintiff at this stage to provide item-by-item particulars of every disputed matter; the defendants' proposed directions would prematurely require what were in effect surcharges and falsifications. Accordingly, the directions sought by the defendants were declined.

Court Disposition

Directions sought by the defendants are declined.

Orders

  • ['The directions sought by the defendants are declined.' 'A time will be appointed for the examination.']