Tulloch (deceased) v Braybon & ors (No 3) [2010] NSWSC 1065

Tulloch (deceased) v Braybon & ors (No 3) [2010] NSWSC 1065

The appropriate declaration regarding co-ownership and prize money is made to specify the commencement date, and costs are ordered against the plaintiff on a party/party basis after considering the history and substance of offers between parties.

Jurisdiction
Australia
Judgment Date
23 June 2010
Procedural Posture
Equity Proceedings / Post Judgment Consequential Orders
Outcome
Orders of 17 June 2010 withdrawn and replaced; declaration of co-ownership and prize money entitlement; order for prize money distribution; costs to first defendant from estate; proceedings otherwise dismissed.
Legal Topics
['co Ownership' 'beneficial Ownership' 'costs' 'prize Money Distribution']
['equity' 'civil Procedure'] ['co Ownership' 'beneficial Ownership' 'costs' 'prize Money Distribution']

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Procedural Posture

Equity Proceedings / Post Judgment Consequential Orders

Legal Issues

  1. 1 ['Whether to vary the declaration specifying the date of commencement of co-ownership' 'Entitlement to prize money and its distribution' 'Appropriate costs order given the history of offers']

Ratio Decidendi

The appropriate declaration regarding co-ownership and prize money is made to specify the commencement date, and costs are ordered against the plaintiff on a party/party basis after considering the history and substance of offers between parties.

Court Disposition

Orders of 17 June 2010 withdrawn and replaced; declaration of co-ownership and prize money entitlement; order for prize money distribution; costs to first defendant from estate; proceedings otherwise dismissed.

Orders

  • ['Withdraw orders 1 and 2 made on 17 June 2010 and substitute with new orders.' 'Declare that the estate of John Archibald Tulloch and Raymond Patrick Braybon have since 23 April 2007 been beneficial owners as tenants-in-common of one share in the horse Excelltastic and the prize money.' 'Order Racing Victoria...