Herfords Double Bay Pty Ltd v Herford (Jnr) [2013] NSWSC 1610

Supreme Court New South Wales

Medium Neutral Citation: Herfords Double Bay Pty Ltd v Herford (Jnr) [2013] NSWSC 1610 Hearing dates: 1 November 2013 Decision date: 06 November 2013 Jurisdiction: Equity Division Before: Robb J Decision: (1) Direct the parties to bring in short minutes. (2) The parties will be heard as to costs. Catchwords: TRIAL PROCEDURE - whether determination of any account should be heard concurrently with the claim and cross-claim - circumstances in which beneficiaries are entitled to pursue an account and inquiry against executors and trustees - whether an account was likely to be ordered in the proceedings - process of taking accounts. Legislation Cited: Civil Liability Act 2002 Corporations Act 2001 (Cth) Trustee Act 1925 Uniform Civil Procedure Rules 2005 Cases Cited: Glazier Holdings Pty Ltd v Australian Men's Health Pty Ltd (No. 2) [2001] NSWSC 6 Juul v Northey [2010] NSWCA 211 Meehan and Ors v Glazier Holdings Pty Ltd (2002) 54 NSWLR 146 White & Libut v Thompson & Ors [2011] NSWCA 161 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Interlocutory applications Parties: Herfords Double Bay Pty Limited (First Plaintiff) Margret Meagher (Second Plaintiff) James Meagher (Third Plaintiff) Maxwell Francis Herford (Jnr) (First Defendant) David Mark Henderson (Second Defendant) Mark Reed Henderson (Third Defendant) Carolyn Susan Chudleigh (Fourth Defendant) Caroline Elizabeth McConnachie (Fifth Defendant) Representation: Counsel: J Ireland QC (Plaintiffs) J Thomson (First Defendant) J Tobin (Second and Third Defendants) N Kabilafkas (Fourth Defendant) K Stanton (Fifth Defendant) Solicitors: McGirr Lawyers (Plaintiffs) Michael C Smith (First Defendant) Gadens Lawyers (Second and Third Defendants) King Wood & Mallesons (Fourth Defendant) Barraket Stanton Lawyers (Fifth Defendant) File Number(s): 2011/156606; 2011/123495