Turner v O’Bryan-Turner (No 4) [2022] NSWSC 1380

Supreme Court New South Wales

Medium Neutral Citation: Turner v O'Bryan-Turner (No 4) [2022] NSWSC 1380 Hearing dates: 5 October 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Equity Before: Ward P Decision: As to the notice of motion filed by the plaintiff on 6 July 2022: 1. By consent order that the first defendant (Nicholas John Turner) transfer 50% of the shares in the second defendant (Allawah Pastoral Pty Ltd) to the plaintiff (Owen John Turner by his tutor Angelena May O'Bryan) in accordance with the judgment and orders made on 12 January 2021 in proceeding 2019/00307439 (the 2019 Proceeding). 2. Note that the Court has been advised that a transfer has now been signed for the transfer of the shares the subject of order 1 above. 3. Order that the first defendant within 28 days provide books of account and profit and loss for the second defendant between 6 May 2015 and the filing of the summons in the 2019 Proceeding. 4. Otherwise dismiss the motion. 5. Order that the first and second defendants pay 20% of the plaintiff's costs of the motion filed by the plaintiff on 6 July 2022. 6. Order that the plaintiff pay 80% of the first and second defendants' costs of that motion. 7. Order that the costs orders in 5 and 6 be set off against each other such that only the remaining balance be payable to the plaintiff or first and second defendants as the case may be.

As to the motion filed by the first and second defendants on 2 August 2022: 8. Order, pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005 (NSW) or in the Court's inherent jurisdiction, that orders 5 and 6 of the orders made on 12 January 2021 in the 2019 Proceeding be varied by inserting the words "other than the property transfer form for the Allawah Forbes Property (as defined in these reasons)": (a) in the case of order 5, after the words "2015 Transaction Documents (as defined in these reasons)"; and (b) in the case of order 6, after the words "2015 Transaction Documents". 9. Order that the plaintiff pay the first and second defendants' costs of the motion filed by the first and second defendants on 2 August 2022. Catchwords: JUDGMENTS AND ORDERS — Amending, varying and setting aside — Correction under slip rule Legislation Cited: Conveyancing Act 1919 (NSW), s 66G Uniform Civil Procedure Rules 2005 (NSW), r 36.17 Cases Cited: Anderson v Canaccord Genuity Financial Ltd (No 2) [2022] NSWSC 649 Brand v Monks [2010] NSWSC 313 Brew v Whitlock (No 3) [1968] VR 504 Bryant v Quinn [2022] NSWCA 163 Burrell v The Queen (2008) 238 CLR 218; [2008] HCA 34 Coppins v Helmers; Brambles Constructions Pty Ltd [1969] 2 NSWR 279; (1969) 72 SR (NSW) 273 Dare v Pullen (1982) 148 CLR 658; [1982] HCA 70 Form-Quip Ltd v Trafalgar Properties Ltd (Supreme Court (NSW), Giles J, 19 July 1991, unrep) Hatton v Harris [1892] AC 547 Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (2008) 73 NSWLR 653; [2008] NSWCA 206 Laming v Jennings [2018] VSCA 335 Leotta v The Public Transport Commission New South Wales (1976) 9 ALR 437 Mutual Shipping Corporation v Bayshore Shipping Co Ltd ("The Montan") [1985] 1 WLR 625 Newmont Yandal Operations Pty Ltd v The J Aron Corporation and Goldman Sachs Group, Inc (2007) 70 NSWLR 411; [2007] NSWCA 195 Nitopi v Nitopi [2022] NSWCA 162 Storey & Keers Pty Ltd v Johnstone (1987) 9 NSWLR 446 Turner v O'Bryan-Turner (2022) 107 NSWLR 171; [2022] NSWCA 23 Turner v O'Bryan-Turner (No 2) [2021] NSWSC 101 Turner v O'Bryan-Turner (No 3) [2021] NSWSC 338 Turner v O'Bryan-Turner [2021] NSWSC 5 Category: Consequential orders Parties: Owen John Turner by his tutor Angelena May O'Bryan (Plaintiff) Nicholas John Turner (First Defendant) Allawah Pastoral Pty Ltd (Second Defendant) Representation: Counsel: