Bristow v Bristow [2014] NSWSC 1636

Supreme Court New South Wales

Medium Neutral Citation: Bristow v Bristow [2014] NSWSC 1636 Hearing dates: Friday, 14 November 2014 Date of orders: 14 November 2014 Decision date: 14 November 2014 Jurisdiction: Equity Division Before: Brereton J Decision: Leave to file cross-claim refused. Paragraph 2 of the notice of motion filed 2 October 2014 dismissed with costs. Catchwords: EQUITY – trusts and trustees – constitution of trust – capacity to constitute trust

PROCEDURE – miscellaneous procedural matters – cross-claim – cross-claim by defendant against third party – sufficiency of connection to original proceedings – where leave sought to join parties to proceedings for the purpose of precluding them from raising like issues in subsequent proceedings – leave refused Legislation Cited: (NSW) Civil Procedure Act 2005, s 18, s 19, s 22(2) (NSW) Uniform Civil Procedure Rules 2005, r 9.1 Cases Cited: Chatsworth Investments Ltd v Amoco (UK) Ltd [1968] 1 Ch 665 DG Madin Ltd v Gordon [1964] SASR 64 Walker v Commonwealth Trading Bank of Australia (1985) 3 NSWLR 496 Category: Procedural and other rulings Parties: Margaret Scarvell Bristow by her tutor NSW Trustee & Guardian (plaintiff/first respondent) Sandra Ann Bristow (defendant) Susan Elizabeth Maclarn (second respondent) Catherine Margaret Bristow (third respondent) Representation: Counsel: JJ Loofs (plaintiff/respondent) I Davidson SC w A Norrie (defendant/applicant)