Humble v. Poole [1999] NSWSC 179

New South Wales Supreme Court CITATION : Humble v. Poole [1999] NSWSC 179 revised - 31/08/99 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 1463/99 HEARING DATE(S) : 9 March 1999 JUDGMENT DATE : 9 March 1999

PARTIES : Kerry Frances Margaret Humble (P) Christopher Poole by his tutor Miriam Poole (D) JUDGMENT OF : Master McLaughlin

COUNSEL : SOLICITORS : Mr. C. Burt Ms. C. McAuliffe CATCHWORDS : DECISION :

- 2 - SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER McLAUGHLIN

Tuesday, 9 March 1999

1463/99 KERRY FRANCES MARGARET HUMBLE -v- CHRISTOPHER POOLE BY HIS TUTOR MIRIAM POOLE JUDGMENT

1 MASTER: I have not been informed as to the basis upon which this matter has been brought before the Court, that is, whether it is grounded upon some statutory provision or upon some provision of the Rules. 2 It may be that the parties bring this application pursuant to the provisions of section 84 of the Trustee Act 1925. If that be so, then my reading of schedule D to the Supreme Court Rules indicates that a Master does not under that schedule have the power to make orders under that section. 3 It is open to the plaintiffs, if they so desire, to obtain an order from a Judge referring the hearing of the matter to a Master. Otherwise, upon what I have been informed by the legal representatives of the parties, it would seem to me that the matter would otherwise be dealt with by a Judge. 4 In any event, I do not consider that the evidence before the Court concerning the present financial and material circumstances of the defendant, who is an infant aged eleven years, is adequate to allow the Court to make an order of the nature sought in the notice of motion. In that regard, I note that, although the summons seeks approval of an agreement which includes a term that the plaintiff pay to the defendant the sum of $50,000, the agreement now reached between the parties seems to be that the plaintiff pay to the defendant the sum of $55,000. 5 The evidence filed on behalf of the plaintiff, being the affidavit of Kerry Frances Margaret Humble sworn 15 February 1999, is manifestly incomplete. Various annexures asserted to be attached thereto are not attached. Copies which are stated to be complete annexures will be retained in the file. 6 Also there will be retained a copy of the letters of administration with the Will annexed in respect to the estate of the late Hamish David Poole. 7 To enable the parties to give consideration to the various problems which have been disclosed during this morning's hearing, at the request of the parties I stand the matter over to Tuesday, 23 March, 1999 before the Registrar. **********