Bronkhorst v Lloyd [2015] NSWSC 1618

Supreme Court New South Wales

Medium Neutral Citation: Bronkhorst v Lloyd [2015] NSWSC 1618 Hearing dates: 30 October 2015 Date of orders: 30 October 2015 Decision date: 30 October 2015 Jurisdiction: Equity Before: Slattery J Decision: Adjournment refused. Defence struck out. Account ordered. Balance of Motion stood over to 5 February 2016. Costs reserved. Catchwords: CIVIL PROCEDURE - application to strike out a defence - where defence only pleads the general issue – the substance of any amended defence not disclosed.

CIVIL PROCEDURE - adjournment application - no satisfactory explanation to justify an adjournment

EQUITY - circumstances where equity will decree an account - substantial sums withdrawn from the plaintiff mother's bank accounts during period that her daughter held an enduring power of attorney was an agent for her mother - withdrawals unexplained - no satisfactory reason why accounts have not been provided Legislation Cited: Civil Procedure Act 2005, s 61 Cases Cited: Warman International Ltd v Dwyer (1995) 182 CLR 544 Texts Cited: J.D. Heydon, M.J. Leeming and P.G.Turner, Meagher, Gummow and Lehane's Equity: Doctrines & Remedies, 5th Edition, Heydon, Leeming and Turner (5th ed. 2014, Lexis Nexis). Category: Procedural and other rulings Parties: Plaintiff: Edna Frances Bronkhorst by her tutor NSW Trustee and Guardian Defendant: Evelyn Lloyd Representation: Counsel: Plaintiff: Mr V. Gray

Solicitors: Plaintiff: Stephen Moss, Slater and Gordon Lawyers Defendant: Osman Samin, Macquarie Lawyers Burwood File Number(s): 2015/79609 Publication restriction: No