Meehan & Ors v Glazier Holdings Pty Ltd [2002] NSWCA 22

Meehan & Ors v Glazier Holdings Pty Ltd [2002] NSWCA 22

Order 4 was a final order determining relief; no power existed to vary it to a wilful default basis. The findings of Austin J concerning inadequate records and accounts were breaches of trust but did not amount to instances of wilful default necessary to justify varying the accounting basis.

Parties
Appellant: Graham Meehan; Appellant: Anthony Murphy; Appellant: Treykell Pty Ltd; Respondent: Glazier Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
07 March 2002
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Order for Accounts, Variation of Orders, Wilful Default Basis, Finality of Judgment
Equity Order for Accounts Variation of Orders Wilful Default Basis Finality of Judgment

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 3 Authorities cited 28 Party arguments 2
Sign in to unlock

Parties

Graham Meehan

Appellant

Anthony Murphy

Appellant

Treykell Pty Ltd

Appellant

Glazier Holdings Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the order for accounts could be varied to be taken on the basis of wilful default
  2. 2 Whether sufficient grounds for taking accounts on wilful default basis were established

Ratio Decidendi

Order 4 was a final order determining relief; no power existed to vary it to a wilful default basis. The findings of Austin J concerning inadequate records and accounts were breaches of trust but did not amount to instances of wilful default necessary to justify varying the accounting basis.

Court Disposition

Appeal allowed

Orders

  • Paragraphs 1, 2, 7, 8, 15 and 16 of the orders of Austin J made on 19 March 2001 set aside
  • Paragraph 3 of the orders varied by deletion of words 'as varied by order 2 above'