Dritsas v Apachi Pty Ltd [2006] NSWSC 714

New South Wales Supreme Court

CITATION : Dritsas v Apachi Pty Ltd [2006] NSWSC 714 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 14/07/06 JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 07/14/2006

DECISION : Leave refused.

CATCHWORDS : PROCEDURE - Pleadings and Particulars - Summons raising discrete issue of dispute over interests in a unit trust - Defendants not opposed to final relief sought but seek leave to file a cross claim raising disputes between the parties through other investment vehicles - Whether leave should be granted

Angelo Dritsas - 1st Plaintiff Athena Dritsas - 2nd Plaintiff PARTIES : Apachi Pty Ltd - 1st Defendant Martin Farrell - 2nd Defendant Lionis Alexandra - 3rd Defendant

FILE NUMBER(S) : SC 2013/06

COUNSEL : Mr S Galitsky - Plaintiffs Mr S Stanton - Defendants

SOLICITORS : G A Kinsey Solicitors - Plaintiffs Vaughan Barnes - Defendants

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

GZELL J

FRIDAY 14 JULY 2006

2013/06 ANGELO DRITSAS & ANOR V APACHI PTY LTD & ORS EX TEMPORE JUDGMENT 1 A discrete issue has been brought before the Court by the Plaintiff. It concerns the recovery of units in a unit trust, the reinstatement of the parties as directors of the trustee company, and the taking of an account in relation to that unit trust. 2 The parties are involved in other commercial transactions outside the unit trust. The defendants have no objection to the final relief sought by the plaintiffs being granted, but they seek leave to file in Court a cross-claim, which raises other issues with respect to investments by the parties through other vehicles. 3 It does not seem to me to be appropriate to widen the dispute in this case by means of the cross-claim. The cross-claimants are free to commence proceedings in this Court or in the District Court if the jurisdictional limit of that court is not exceeded. But in my view it is inappropriate to widen the dispute in a matter which is confined and with respect to which final relief is not opposed. 4 I refuse leave to file in court the cross-claim. I make orders in terms of paragraphs 1, 3, 4 and 5 of the amended summons. I order that an account be taken by an Associate Justice of distributions made out of the DKL Unit Trust. I order that costs be reserved.