Ettridge and Somers (No 4)
Case
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[2019] FamCA 577
•17 July 2019
Details
AGLC
Case
Decision Date
Ettridge and Somers (No 4) [2019] FamCA 577
[2019] FamCA 577
17 July 2019
CaseChat Overview and Summary
In the matter of Ettridge and Somers (No 4), Justice Johns of the Supreme Court of South Australia was required to determine applications brought by the parties concerning access to a property for valuation purposes and a recusal application. The dispute involved Mr Somers, the applicant, and an unnamed respondent, with the central issue being the facilitation of a property valuation.
The court was tasked with determining whether to grant an order compelling Mr Somers to permit a valuer access to the property at B Street, Suburb C. Additionally, the court had to consider and rule upon the respondent's oral application for Justice Johns to recuse himself from further hearing the matter.
Justice Johns reasoned that the order for access was necessary to facilitate the valuation of the property, a crucial step in the ongoing proceedings. The court dismissed the respondent's application for recusal, finding no grounds to warrant the judge stepping aside from the case. Consequently, the court ordered that Mr Somers must permit the nominated valuer access to the property at a specified time and date. All other extant applications were adjourned to a later date.
The court was tasked with determining whether to grant an order compelling Mr Somers to permit a valuer access to the property at B Street, Suburb C. Additionally, the court had to consider and rule upon the respondent's oral application for Justice Johns to recuse himself from further hearing the matter.
Justice Johns reasoned that the order for access was necessary to facilitate the valuation of the property, a crucial step in the ongoing proceedings. The court dismissed the respondent's application for recusal, finding no grounds to warrant the judge stepping aside from the case. Consequently, the court ordered that Mr Somers must permit the nominated valuer access to the property at a specified time and date. All other extant applications were adjourned to a later date.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Injunction
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Jurisdiction
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Costs
Actions
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Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Johnson v Johnson
[2000] HCA 48
Ebner v Official Trustee in Bankruptcy
[2000] HCA 63
Ebner v Official Trustee in Bankruptcy
[2000] HCA 63