NSW Caselaw
New South Wales Supreme Court
CITATION : Fay v Moramba Services Pty Ltd [2008] NSWSC 424
HEARING DATE(S) : 11 April 2008 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 11 April 2008
DECISION : Motion dismissed with costs
CATCHWORDS : PROCEDURE – joinder of parties – trusts and trustees – requirement to join trustee in proceedings relating to trust – application to dispense with Uniform Civil Procedure Rule, rule 7.11 – where provision of trust deed purports to oust beneficiary if it sues trustee – whether sufficient reason to dispense with requirement that trustee be joined.
LEGISLATION CITED : (NSW) Civil Procedure Act 2005, s 14 (NSW) Uniform Civil Procedure Rules, rule 7.11
CATEGORY : Procedural and other rulings
3365/07 Garrick E Fay (first plaintiff/first cross defendant) Dallas Fay (second plaintiff) Lisa Fay (second cross defendant) Moramba Services Pty Ltd (defendant/cross claimant) 5032/06 PARTIES : Garrick E Fay (first plaintiff/first cross defendant) Dallas Fay (second plaintiff/second cross defendant) Justinthyme Pty Ltd (third plaintiff/third cross defendant) Henry Kai Tong Au (first defendant/first cross claimant) Hugh Edward Halliday (second defendant/second cross claimant) Allan Ni Kwan Kwok (third defendant/third cross claimant) Stephen Thomas Pollitt (fourth defendant/ fourth cross claimant)
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