Glazier v Australian Men's Health (No.2) [2001] NSWSC 6

Glazier v Australian Men's Health (No.2) [2001] NSWSC 6

Plaintiff is entitled to an order for the taking of accounts on the basis of wilful default, supported by evidence, pleadings, and Mr Madden's report, and leave to amend the statement of claim to include relief on that basis.

Jurisdiction
Australia
Judgment Date
22 January 2001
Procedural Posture
Equity Application / Post Judgment Directions
Outcome
Plaintiffs' applications for directions as to accounts on basis of wilful default, and for amendment of statement of claim, granted.
Legal Topics
['taking of Accounts' 'account of Administration' 'wilful Default' 'practice and Procedure' 'res Judicata' 'issue Estoppel']
['equity' 'trusts'] ['taking of Accounts' 'account of Administration' 'wilful Default' 'practice and Procedure' 'res Judicata' 'issue Estoppel']

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Procedural Posture

Equity Application / Post Judgment Directions

Legal Issues

  1. 1 ['Whether accounts should be taken on the footing of wilful default' 'Whether relief on basis of wilful default must be pleaded' 'Whether consent orders establish wilful default by res judicata or issue estoppel' "Court's power to amend orders and pleadings post-judgment"]

Ratio Decidendi

Plaintiff is entitled to an order for the taking of accounts on the basis of wilful default, supported by evidence, pleadings, and Mr Madden's report, and leave to amend the statement of claim to include relief on that basis.

Court Disposition

Plaintiffs' applications for directions as to accounts on basis of wilful default, and for amendment of statement of claim, granted.

Orders

  • ['Order for taking accounts on the basis of wilful default.' 'Leave granted to amend statement of claim to plead relief on footing of wilful default.' 'Directions to be made as to procedure for taking of accounts.' 'Parties to be heard on costs at a later date.']