Grove v Kenworthy-Groen

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JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION:   GROVE v KENWORTHY-GROEN & ORS [2024] WASC 365

CORAM:   MASTER RUSSELL

HEARD:   14 MAY 2024

DELIVERED          :   8 OCTOBER 2024

FILE NO/S:   CIV 2249 of 2020

BETWEEN:   NICHOLAS WILLIAM GROVE

Plaintiff

AND

SIMON DIRK KENWORTHY-GROEN

First Defendant

SIMON DIRK KENWORTHY-GROEN as executor of the estate of WILLIAM GROVE

Second Defendant

SIMON KENWORTHY-GROEN as trustee for THE GROVE FAMILY HOUSE TRUST

Third Defendant

ANDREW HENDRICK GROVE as trustee for THE GROVE FAMILY HOUSE TRUST

Fourth Defendant

SIMON KENWORTHY-GROEN as trustee for THE GROVE GRAND FATHER FAMILY TRUST

Fifth Defendant

JOHN WILLEM GROVE

Sixth Defendant


Catchwords:

Practice and procedure - Application to remove party pursuant to O 18 r 6(2)(a) of the Rules of the Supreme Court 1971 (WA) - Whether the party is a necessary party to the proceeding - Whether the party's legal interests will be directly affected by any order which might be made in the proceedings - Turns on own facts

Legislation:

Rules of Supreme Court 1971 (WA) O 18 r 6, O 18 r 6(2), O 18 r 6(2)(a)

Result:

Second defendant's application that sixth defendant be removed as a party to the proceeding granted

Category:    B

Representation:

Counsel:

Plaintiff : Mr P G Donovan
First Defendant : No appearance
Second Defendant : Mr L A Tsaknis
Third Defendant : No appearance
Fourth Defendant : No appearance
Fifth Defendant : Mr R Nash
Sixth Defendant : Mr D Robinson

Solicitors:

Plaintiff : MDS Legal
First Defendant : No appearance
Second Defendant : Fort Knox Legal
Third Defendant : No appearance
Fourth Defendant : No appearance
Fifth Defendant : Croftbridge
Sixth Defendant : Williams + Hughes

Case(s) referred to in decision(s):

Brooks & Anor v Young & Ors [2018] SASCFC 81; (2018) 131 SASR 365

Commissioner of Stamp Duties (Qld) v Livingston (1964) 112 CLR 12

Elovalis v Elovalis [2008] WASCA 141 (S)

Grove v Fisher & Anor [2002] WASC 247

North West Pilots Pty Ltd as trustee for the Port Hedland Pilots Unit Trust trading as Port Hedland Pilots v Daniel [2023] WASCA 122

North West Pilots Pty Ltd as trustee for the Port Hedland Pilots Unit Trust trading as Port Hedland Pilots v Daniel [No 2] [2023] WASC 98

Official Receiver in Bankruptcy v Schultz & Anor (1990) 170 CLR 306

O'Sullivan v O'Sullivan Executor of the Estate of JM O'Sullivan [2021] WASC 168

Public Trustee v Peter Patrick Bebich as executor of the estate of Yanja Bebich (Dec) [2014] WASC 340

Saffari v State of Western Australia [2024] WASCA 77

Sawiak v The Public Trustee, unreported; SCt of WA; Library No 930479

Simon Dirk Kenworthy-Groen as executor of the estate of William Grove v Grove [2023] WASC 87

Trans Petroleum (Australia) Pty Ltd v United Petroleum (WA) Pty Ltd [No 2] [2022] WASC 460

Wurth Australia Pty Ltd v Burgess [2012] WASC 504

MASTER RUSSELL:

Introduction

  1. This proceeding is one of several proceedings in this court in relation to the estate of the late…

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Details
Case
[2024] WASC 365
Decision Date

CaseChat Overview and Summary

In the case of Grove v Kenworthy-Groen, the applicant sought to have the respondent removed from the proceedings on the basis that they were not a necessary party. The dispute arose from a complex web of property dealings and financial transactions involving multiple parties, and the applicant contended that the respondent's involvement in the litigation was unnecessary and prejudicial to the proceedings. The case was heard in the Supreme Court of Western Australia.

The central legal issue before the court was whether the respondent was a necessary party to the proceedings. The court had to determine if the respondent's legal interests would be directly affected by any order that might be made in the proceedings. The court also had to consider the criteria set out in rule 18 of the Rules of the Supreme Court 1971 (WA), which provides that a party may be removed if they are not a necessary party. The court had to assess whether the respondent's presence in the proceedings was necessary to ensure that the applicant's claims were fully and effectively determined.

The court found that the respondent was not a necessary party to the proceedings. The court noted that the respondent's legal interests were not directly affected by any order that might be made in the proceedings. The court also found that the respondent's presence in the proceedings was not necessary to ensure that the applicant's claims were fully and effectively determined. The court concluded that the respondent could be removed from the proceedings as they were not a necessary party. The court made an order that the respondent be removed from the proceedings.

This decision provides useful guidance to practitioners on the criteria for determining whether a party is a necessary party to proceedings. It highlights the importance of assessing whether a party's legal interests will be directly affected by any order that might be made in the proceedings. The decision also confirms that a party may be removed from proceedings if they are not a necessary party, even if their presence in the proceedings may be beneficial to the other parties.

Orders

Orders of the court

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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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