Ronald Allen Smith and Anor v Joyce Smith and Others [2014] NSWSC 582

Ronald Allen Smith and Anor v Joyce Smith and Others [2014] NSWSC 582

An account should be ordered so that the parties can objectively and precisely determine what remains in the estate, facilitating the resolution of substantive legal issues and determining the practical utility of any remedy sought.

Jurisdiction
Australia
Judgment Date
13 May 2014
Procedural Posture
Equity Proceeding / Interlocutory Order for Account
Outcome
Order for account made pursuant to UCPR rule 46.3; application to vacate order refused.
Legal Topics
['fiduciary Obligation' 'accounting of Estate' 'remedies in Equity']
['equity'] ['fiduciary Obligation' 'accounting of Estate' 'remedies in Equity']

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

Equity Proceeding / Interlocutory Order for Account

Legal Issues

  1. 1 ['Whether a fiduciary obligation exists in the special circumstances between the parties' 'Whether an account should be ordered to determine what remains in the estate' 'Practical utility of equitable remedies given the assets of the first defendant']

Ratio Decidendi

An account should be ordered so that the parties can objectively and precisely determine what remains in the estate, facilitating the resolution of substantive legal issues and determining the practical utility of any remedy sought.

Court Disposition

Order for account made pursuant to UCPR rule 46.3; application to vacate order refused.

Orders

  • ['An account be taken in accordance with the short minutes of order proposed by the plaintiffs and opposed by the defendants.']