Beale v Trinkler [2009] NSWSC 1093

New South Wales Supreme Court

CITATION : Beale v Trinkler [2009] NSWSC 1093

HEARING DATE(S) : 31/08/09, 01/09/09

JUDGMENT DATE : 13 October 2009

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

CATCHWORDS : Accounts. Taking of partnership accounts. Appropriate allowances for agistment of cattle on properties not owned by all the parties.

PARTIES : Aileen Ann Beale & Anor v Georg Trinkler & Anor

FILE NUMBER(S) : SC 5235/05

COUNSEL : Mr S Donaldson SC & B DeBuse for plaintiffs Mr JE Thomson for defendants

SOLICITORS : MacElbing Mednis & Associates for plaintiffs Sparke Helmore Lawyers for defendants

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Associate Justice Macready

Tuesday 13 October 2009

5235/05 Aileen Ann Beale and Philip Anthony Beale v George Trinkler & Bura Investments Pty Ltd

JUDGMENT 1 His Honour: This matter is the taking of accounts pursuant to an order made by Gzell J on 1 August 2008. In order to understand the nature of the accounts it is necessary to set out some of the background circumstances. These are conveniently set out by his Honour in his judgment of 18 April 2008 reported as Beale v Trinkler [2008] NSWSC 347 and I will incorporate some of his Honour's non-contentious recitation of this background. Background to the proceedings 2 Aileen Beale, the first plaintiff, and Clemelle Way Pty Ltd, a company nominated by the first defendant, George Trinkler, purchased two properties as tenants in common in equal shares in about August 2002. One property was lot 18, Branch Lane, Karuah, New South Wales. It was purchased for $1.55 M. The other was lot 7131 Bucketts Way, Stroud, New South Wales. It was purchased for $200,000. Mr Trinkler and Philip Anthony Beale, the second plaintiff, guaranteed the repayment of moneys borrowed to acquire the properties. 3 It was the intention of the parties that each property would be subdivided, Branch Lane into 100 acre rural lots and Bucketts Way into approximately 27 residential lots. In the meantime, Mr Trinkler and Mr Beale would breed cattle on Branch Lane, the profits to be paid to Mrs Beale and Clemelle Way to service the loans.