12 Oct 2018
Proceeding is not an abuse of process but liquidation is a drastic remedy and there is a reasonable likelihood of alternative remedies (including s182 Family Proceedings Act orders and Partnership Act dissolution); accordingly further steps in the liquidation proceeding are stayed and parties directed to pursue alternative remedies and report back at a case management conference before the court proceeds.
10 Jul 2012
The appeal is dismissed because the Family Court Judge did not err in law or fact and properly exercised his discretion in declining non‑party discovery of the annual accounts at this stage: the appellant conceded the annual accounts were not necessary now, the Judge ordered relevant transactional disclosure of current accounts and left open further inquiry; no basis existed for appellate interference.
26 Feb 2010
A separate costs award in favour of the trustees was declined because the Court had already taken the s182 appeal result into account in the December costs exercise and a separate award would constitute double counting; the Trust was not treated as a separate, discrete party for costs purposes given it was the vehicle for property jointly vested by the parties.