Allan and Ors & Allan and Ors

The case involves an appeal in family law proceedings between multiple parties. The second applicant, Mr Allan, sought to reinstate an abandoned appeal. The third applicant, Mr CC, sought leave to appeal out of time as the new trustee of a trust. The court was required to decide whether the application for reinstatement should be allowed and whether the third applicant's appeal out of time should be permitted.

The court dismissed the application for reinstatement as there was no prejudice or injustice to Mr Allan. It also dismissed the application for leave to appeal out of time, finding that Mr CC was bound by the conduct of the previous trustee in reaching a compromise and consenting to the court orders. The court held that an appeal against the orders by the trustee did not lie in a challenge to the merit of the orders, and that any breach of fiduciary duty should be remedied by a separate cause of action against the former trustee.

The court further held that any point not taken at first instance which could have been addressed by the other parties could not be taken afterwards on appeal. As a result, the appeal by the third applicant on the grounds he contemplated would be futile. The application was dismissed, and Mr CC was ordered to pay the party/party costs of the first respondent, the third respondent, and the fourth respondents in respect of the failed application for leave to appeal out of time.

The court ordered that Mr Allan pay the party/party costs of the first respondent, the third respondent, and the fourth respondents in respect of the failed application for reinstatement and the abandoned appeal. The costs were to be paid in equal shares until satisfaction of their respective costs or exhaustion of the funds, with any remaining balance to be paid to Mr Allan.