D'Cruz and Pierce and Ors

In proceedings before Bennett J, the wife sought leave to join MT Trustees Limited (as trustee for the MT Trust) as a party. The husband and Mr C Pierce were also parties to the dispute, which concerned the tracing and recovery of funds.

The court was required to determine whether to grant the wife leave to join MT Trustees Limited as a party, and to make orders for the disclosure of financial information by Mr C Pierce concerning funds received from G Investments and the application and current whereabouts of those funds, as well as details of payments made by DM Limited to MFG Limited and to an Education Trust. The wife also sought injunctive relief against MT Trustees Limited, and the court considered the dismissal of interim applications.

Bennett J granted the wife leave to join MT Trustees Limited as a party and ordered Mr C Pierce to file and serve an affidavit detailing specific financial transactions and the application of funds. The court also ordered Mr C Pierce to make available an agreement for expert analysis by the wife's nominated expert, with the wife restrained from taking personal possession of the document. The application for injunctive relief against MT Trustees Limited was adjourned sine die, and all interim applications were dismissed. Directions were given for any party seeking costs to file written submissions.