Moran v DJ Moran Nominees Pty Limited [2007] NSWSC 1258

Moran v DJ Moran Nominees Pty Limited [2007] NSWSC 1258

Construed in context, paragraph 3 of the Schedule required the defendant to produce the documents Holdings had in its possession, custody or power listing its assets and their values as at 30 June 2005, not to undertake an investigative exercise to create a new itemised list. The documents produced complied with that obligation, so paragraph 4(b) of the Short Minutes was not triggered and the plaintiffs' costs motion failed.

Jurisdiction
Australia
Judgment Date
01 November 2007
Procedural Posture
Equity Division Commercial List Proceedings Concerning Production of Trust and Company Documents and Costs / Plaintiffs' Motion for Costs After Consent Orders and Settlement Agreements
Outcome
Plaintiffs' motion dismissed with costs; proceedings dismissed with no order as to costs.
Legal Topics
['construction of Agreement' 'production of Documents' 'trust Records' 'reserved Costs']
['equity' 'trusts' 'civil Procedure' 'costs'] ['construction of Agreement' 'production of Documents' 'trust Records' 'reserved Costs']

Case Brief

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Procedural Posture

Equity Division Commercial List Proceedings Concerning Production of Trust and Company Documents and Costs / Plaintiffs' Motion for Costs After Consent Orders and Settlement Agreements

Legal Issues

  1. 1 ["Whether paragraph 3 of the Schedule to the Short Minutes required the defendant to provide a schedule listing each individual asset of Doug Moran Holdings Pty Limited as at 30 June 2005, or only documents in Holdings' possession, custody or power listing assets and values." 'Whether the defendant failed to supply the material required by paragraph 2(a) of the Short Minutes so as to trigger the reserved costs position in paragraph 4(b).' 'Whether the plaintiffs should receive costs of the proceedings and of the motion.']

Ratio Decidendi

Construed in context, paragraph 3 of the Schedule required the defendant to produce the documents Holdings had in its possession, custody or power listing its assets and their values as at 30 June 2005, not to undertake an investigative exercise to create a new itemised list. The documents produced complied with that obligation, so paragraph 4(b) of the Short Minutes was not triggered and the plaintiffs' costs motion failed.

Court Disposition

Plaintiffs' motion dismissed with costs; proceedings dismissed with no order as to costs.

Orders

  • ["The plaintiffs' motion is dismissed with costs." 'The documents produced on subpoena by Greta Richmond Moran pursuant to a subpoena dated 8 October 2007 and received in the exhibits office on 23 October 2007 are to be returned to Mrs Moran.' 'The proceedings are dismissed.' 'No order as to costs of the...