NSW Caselaw
New South Wales Supreme Court
CITATION : GIO Finance Limited v Cockburn & Ors [2000] NSWSC 362 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 2803/98 HEARING DATE(S) : 24/02/2000 25/02/2000 JUDGMENT DATE : 19 May 2000
PARTIES : GIO Finance Limited v Craig Manners Cockburn & Ors JUDGMENT OF : Foster AJA
COUNSEL : S.D. Robb QC with A.J. Silink for the Plaintiff C. Gee QC with S. Donaldson for the Defendants SOLICITORS : Kemp Strang for the Plaintiff. Colin Biggers & Paisley for the Defendants CATCHWORDS : Obtain equitable contribution in respect of the burden of a judgment given in earlier proceedings - Two properties, one a home, the other an investment, purchased by father, one of the trustees, who managed son's affairs after the age of eighteen years - money borrowed by way of mortgage - money utilised in father's failing business - undue influence exercised by father over son - breach of retainer - cross-claim claiming indemnity. LEGISLATION CITED : Contracts Review Act Port Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Dering v Earl of Winchester (1787) 1 Cox 318; 29 ER 1184 CASES CITED : Story (Equity Jurisprudence (3rd ed; London, para 493) Albion Insurance Company Limited v Government Insurance Office of New South Wales (1969) 121 CLR 342 at 349-350 Equity Doctrines and Remedies, 3rd ed, Butterworths, 1992 Trade Practices Commission v Manfal Pty Ltd (in liq) (1991) 33 FCR 382 at 385. DECISION : Refer para 43.
THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORAM: FOSTER AJ
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