Yip v Zreika

[2001] NSWCA 446

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Competency of appeal
4. › Whether order for account is final or interlocutory
5. › Order for taking of accounts as intermediate step in equitable compensation claim
6. › Supreme Court Rules, Pt 48 r 2
1. Practice and Procedure
2. › Appeals
3. › Costs of incompetent appeal
4. › Whether respondents entitled to costs
5. › Timing of competency objection
6. › Supreme Court Rules, Pt 51 r 25
1. Equity
2. › Breach of trust
3. › Account
4. › Standing of beneficiary to seek account between trustee and third parties
5. › Account in aid of claim for equitable compensation

Quick Take

An order for the taking of accounts made pursuant to Part 48 Rule 2 of the Supreme Court Rules, as an intermediate step in the calculation of equitable compensation in a breach of trust claim, is interlocutory and not a final order for the purposes of appeal competency.

Case Details

Citation[2001] NSWCA 446

CourtNSWCA

JurisdictionNew South Wales

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Cited by1

2003Jones v BradleyNSWCA 81

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