Good Samaritan Donkey Sanctuary Inc v Berry [2006] NSWSC 1218

New South Wales Supreme Court

CITATION : Good Samaritan Donkey Sanctuary Inc v Berry [2006] NSWSC 1218

HEARING DATE(S) : 4/7/05;5/7/05;6/7/05;7/7/05; 8/7/05;11/7/05;12/7/05;13/7/05;14/7/05; 12/10/06; 14/11/06

JUDGMENT DATE : 12 October 2006

JUDGMENT OF : Smart AJ at 1

DECISION : Inquiry Ordered - see Orders of 14/11/06

CATCHWORDS : Detailed examination of accounts - mixing of moneys of plaintiff's predecessor with those of administrator over many years - sources of money for purchase of assets - application of moneys received - loose accounting and banking practices - no question of principle involved.

LEGISLATION CITED : Associations Incorporation Act 1984

CASES CITED : Nil

PARTIES : Good Samaritan Donkey Sanctuary Inc (GSDSI) v C E & S P Berry

FILE NUMBER(S) : SC 1461/02

COUNSEL : (P) Mr M K Rollinson (D) Mr B J Murphy

SOLICITORS : (P) Mr S J Friend (D) Mr R Makin

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

SMART AJ

Thursday, 12 October 2006

1461/02: GOOD SAMARITAN DONKEY SANCTUARY INC (GSDSI) v C E & S P BERRY

[Cross-claim C E Berry v GSDSI & Joanne Kokas] JUDGMENT

History

1. In about 1976 Mrs C E Berry (CB) and her husband Mr S P Berry (SB) built their home on a 25 acre lot at Bishop's Bridge (near Maitland). CB started to care for donkeys at those premises. Over the ensuing years she worked hard in caring for and advancing the welfare of donkeys. In about 1980 they purchased and moved to another property at Duns Creek. Mrs Joanne Kokas (JK) was also active in supporting the care and welfare of donkeys.

2. While there was some dispute as to some details, it was not in dispute at the hearing that by about January 1991 an unincorporated Association called Good Samaritan Donkey Sanctuary (GSDS) came into existence and that CB, JK and various other people from about 1990 until 2001 co-operated in substantial work related to the welfare of donkeys and collected and spent a large amount of money on that welfare.