SUPREME COURT OF QUEENSLAND
CITATION:
Goomboorian Transport Pty Ltd & Ors v Hanson & Ors [2018] QSC 182
PARTIES:
GOOMBOORIAN TRANSPORT PTY LTD ACN 011 054 658
(first plaintiff)
AND
J & M LOGHANDLING PTY LTD ACN 011 054 667
(second plaintiff)
AND
BELLING INVESTMENTS PTY LTD ACN 123 710 734
(third plaintiff)
AND
GOOMBOORIAN LOGGING PTY LTD ACN 076 970 995
(fourth plaintiff)
AND
LITTLE YABBA DROUGHTMASTER STUD PTY LTD ACN 086 875 845
(fifth plaintiff)
AND
EMMERDALE FARMING PTY LTD ACN 151 515 909
(sixth plaintiff)
AND
JILRAY PTY LTD ACN 058 181 463
(seventh plaintiff)
AND
J & M FARMING PTY LTD ACN 086 991 291
(eighth plaintiff)
AND
J & M FARMING PTY LTD and LITTLE YABBA DROUGHTMASTER STUD PTY LTD ABN 89 152 178 639
(ninth plaintiff)
AND
JOHN GERHARD BELLING
(tenth plaintiff)
AND
MARLENE ANNE BELLING
(eleventh plaintiff)
v
ESTATE OF NORMA RENEE HANSON, DECEASED
(first defendant)
AND
DOROTHY MAUREEN HANSON
(second defendant)
AND
NORMAN RICHARD HANSON
(third defendant)
FILE NO/S:
SC No 4392 of 2015
DIVISION:
Trial Division
PROCEEDING:
Trial – Further Orders
DELIVERED ON:
14 August 2018
DELIVERED AT:
Brisbane
HEARING DATE:
Heard on the papers
JUDGE:
Bond J
ORDER:
The orders of the Court are:
1. Christa Marie Moxey in her capacity as executor of the estate of Norma Renee Hanson, deceased, be substituted as the first defendant in this proceeding.
2. There be judgment against Christa Marie Moxey in her capacity as executor of the estate of Norma Renee Hanson, in favour of the following parties in the amounts identified:
a. first plaintiff: $815,966.10
b. second plaintiff $1,403,008.47
c. third plaintiff: $8,735.50
d. fourth plaintiff: $69,673.85
e. fifth plaintiff: $86,937.36
f. sixth plaintiff: $76,125.98
g. seventh plaintiff: $10,018.11
h. tenth plaintiff: $37,092.54
3. Further to the previous order, Christa Marie Moxey in her capacity as executor of the estate of Norma Renee Hanson must pay the plaintiffs’ costs of the proceeding to date.
4. The parties are directed to bring in minutes of an order to be made consistent with these reasons for judgment in respect of the interest calculation which should be added to the amounts identified in order 2, within 14 days of the date of this judgment.
5. It is declared that so much of the second and third defendants’ interest in the home located at 22 Parkland Drive, Chatsworth as represents the ratio between –
a. the amount of the $51,833.61; and
b. the value of that home at 26 February 2015,
is held on trust by the second and third defendants for the third and sixth plaintiffs.
6. It is declared that the Mercedes Benz A-Class motor vehicle (VIN WDD1 173432N154473) purchased by the second and third defendants on 3 March 2015 is held on trust by the second and third defendants for the third and sixth plaintiffs.
7. It is declared that:
a. as at and from the date of the deposit on 2 April 2015 of $180,000 into First Colonial superannuation account number…
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- Case
- [2018] QSC 182
- Decision Date
CaseChat Overview and Summary
The court addressed the plaintiffs' submissions which extended beyond the scope of the trial arguments and the relief initially sought. It held that the additional orders and declarations sought by the plaintiffs were inappropriate as they went beyond the issues litigated. Regarding the correction of the judgment amount, the court applied the slip rule to correct the erroneous figures that did not correctly reflect the amendments made at trial. The court refused to reopen the plaintiffs' case for additional evidence, deeming the late-disclosed material irrelevant due to the narrowing of issues at trial, and thus denied the defendants' request for a costs order based on the plaintiffs' reopening application.
In assessing indemnity costs, the court considered the plaintiffs' Calderbank offers and the defendants' refusal of the first offer. It concluded that the defendants' refusal was imprudent and awarded the plaintiffs costs on an indemnity basis from the date after the first offer was made. Finally, the court ordered the defendants to pay a significant portion of the plaintiffs' costs, reflecting their conduct during the defence and the partial success of the plaintiffs' claims.
The court's final orders included substituting the first defendant, granting specific monetary judgments to the plaintiffs, directing the calculation of interest on these amounts, and making several declarations regarding trust holdings in various properties and accounts. The court also directed the parties to submit an order for interest calculation within 14 days and adjourned further questions regarding additional relief to a future date for directions.
Orders
Orders of the court
The orders of the Court are:
1. Christa Marie Moxey in her capacity as executor of the estate of Norma Renee Hanson, deceased, be substituted as the first defendant in this proceeding.
2. There be judgment against Christa Marie Moxey in her capacity as executor of the estate of Norma Renee Hanson, in favour of the following parties in the amounts identified:
a. first plaintiff: $815,966.10
b. second plaintiff $1,403,008.47
c. third plaintiff: $8,735.50
d. fourth plaintiff: $69,673.85
e. fifth plaintiff: $86,937.36
f. sixth plaintiff: $76,125.98
g. seventh plaintiff: $10,018.11
h. tenth plaintiff: $37,092.54
3. Further to the previous order, Christa Marie Moxey in her capacity as executor of the estate of Norma Renee Hanson must pay the plaintiffs’ costs of the proceeding to date.
4. The parties are directed to bring in minutes of an order to be made consistent with these reasons for judgment in respect of the interest calculation which should be added to the amounts identified in order 2, within 14 days of the date of this judgment.
5. It is declared that so much of the second and third defendants’ interest in the home located at 22 Parkland Drive, Chatsworth as represents the ratio between –
a. the amount of the $51,833.61; and
b. the value of that home at 26 February 2015,
is held on trust by the second and third defendants for the third and sixth plaintiffs.
6. It is declared that the Mercedes Benz A-Class motor vehicle (VIN WDD1 173432N154473) purchased by the second and third defendants on 3 March 2015 is held on trust by the second and third defendants for the third and sixth plaintiffs.
7. It is declared that:
a. as at and from the date of the deposit on 2 April 2015 of $180,000 into First Colonial superannuation account number 5129899 in the name of Norman Hanson, the third defendant held his chose in action in relation to that account on trust for the third and sixth plaintiffs;
b. as at and from the date of the deposit on 2 April 2015 of $540,000 into First Colonial superannuation account number 5129925 in the name of Dorothy Hanson, the second defendant held his chose in action in relation to that account on trust for the third and sixth plaintiffs;
c. as at the date of the deposit on 28 March 2015 of $80,000 into term deposit account number 154404313 in the name of Norman Hanson, the third defendant held his chose in action in relation to that account on trust for the third and sixth plaintiffs;
d. as at the date of the deposits referred to below, the second and third defendants held their choses in action in relation to the deposits on trust for the third and sixth plaintiffs:
i. the deposit on 4 May 2015 of $20,000 into the trust account of the solicitors for the second and third defendants; and
ii. the deposit on 6 May 2015 of $100,000 into the trust account of the solicitors for the second and third defendants.
8. There be no order as to the costs of the plaintiffs’ application to re-open.
9. The second and third defendants must pay 95% of the plaintiffs’ costs of the proceeding to date.
10. The questions whether the plaintiffs are entitled to–
a. any orders for accounts and inquiries; or
b. any further relief to give effect to the plaintiffs’ rights,
having regard to the extent to which the plaintiffs’ rights have been settled by the declarations made on 12 June 2018 and by the orders above, are adjourned to a date to be fixed, for directions.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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