Sanofi-Aventis Australia v Kartono [2006] NSWSC 1284

Sanofi-Aventis Australia v Kartono [2006] NSWSC 1284

Because a minor may be subject to resulting or constructive trust obligations and the evidence prima facie showed plaintiff's money had entered Anthony Lai's account, there was no reason arising from his age to refuse joinder. Uniform Civil Procedure Rule 7.17 did not prevent a freezing order before service of the originating process on him, or would be dispensed with, and the circumstances justified freezing the assets until further consideration of the claim.

Jurisdiction
Australia
Judgment Date
27 November 2006
Procedural Posture
Equity Proceedings Concerning Alleged Resulting or Constructive Trust and Mareva Orders / Application to Join Anthony Lai as Fourth Defendant and for Mareva/freezing Order
Outcome
Leave granted to join Anthony Lai as fourth defendant; summons amended; Mareva/freezing order made.
Legal Topics
['capacity of Minor to Be Trustee' 'resulting Trust' 'constructive Trust' 'mareva Order' 'person Under Legal Incapacity' 'tutor' 'joinder of Defendant']
['trusts' 'infants and Children' 'civil Procedure' 'equity'] ['capacity of Minor to Be Trustee' 'resulting Trust' 'constructive Trust' 'mareva Order' 'person Under Legal Incapacity' 'tutor' 'joinder of Defendant']

Case Brief

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Procedural Posture

Equity Proceedings Concerning Alleged Resulting or Constructive Trust and Mareva Orders / Application to Join Anthony Lai as Fourth Defendant and for Mareva/freezing Order

Legal Issues

  1. 1 ['Whether a minor can be subject to a resulting or constructive trust concerning money received into a bank account.' 'Whether leave should be granted to join Anthony Lai, a 17-year-old, as a defendant.' 'Whether Uniform Civil Procedure Rule 7.17 prevents the making of a Mareva order against a minor before a tutor has entered an appearance.' 'Whether the prima facie evidence was sufficient to justify an asset-freezing Mareva order against the newly added fourth defendant.']

Ratio Decidendi

Because a minor may be subject to resulting or constructive trust obligations and the evidence prima facie showed plaintiff's money had entered Anthony Lai's account, there was no reason arising from his age to refuse joinder. Uniform Civil Procedure Rule 7.17 did not prevent a freezing order before service of the originating process on him, or would be dispensed with, and the circumstances justified freezing the assets until further consideration of the claim.

Court Disposition

Leave granted to join Anthony Lai as fourth defendant; summons amended; Mareva/freezing order made.

Orders

  • ['Leave granted to the plaintiff to join Anthony Lai as a defendant.' 'Summons amended by adding a reference to the fourth defendant to prayer five of the summons.' 'Order made in terms of annexure A to the notice of motion filed in Court on 27 November 2006.' 'Orders may be entered forthwith.' 'Time for service of...