A party seeking accounts on a wilful default basis must plead and particularise the allegation of wilful default; failure to do so may result in the executors being denied procedural fairness if the court makes findings beyond the case they were called upon to meet. Where findings in estate proceedings affect the interests of a non-party, notice must be given under UCPR 46.12 to enable that person to intervene. In an action for money had and received, the claim will fail where the evidence shows the payer intended the payee to retain the money regardless of whether the consideration was fully performed. A party on notice of potential liability who deliberately allows the time for filing a cross-claim to expire should not be granted an extension, consistently with the duties under CPA ss 56-60.
The full text is available to signed-in members, including the 42 later cases that cite this judgment.
4 of the 42 citing cases carry a classified treatment. How each court treated it is available to signed-in members.