Loomis and Ors and Thurston
Case
•
[2015] FamCA 230
•7 April 2015
Details
AGLC
Case
Decision Date
Loomis and Ors and Thurston [2015] FamCA 230
[2015] FamCA 230
7 April 2015
CaseChat Overview and Summary
The parties in this matter were the applicants, identified as Loomis and Ors and Thurston, and the respondent. The dispute concerned substantive applications for final relief, as well as an application for leave to issue a further subpoena directed to a Ms Y. The proceedings were before Forrest J in the Supreme Court of Queensland.
The court was required to determine several legal issues. These included the appropriate course for the substantive applications for final relief, the merits of the application for leave to issue a further subpoena, the payment of outstanding amounts owed by the Loomis-Thurston Super Fund to its accountants, and the provision of specific information by the respondent regarding a Mr LL. Additionally, the court had to consider applications for interim orders made by the second applicant.
Forrest J ordered that the substantive applications for final relief be listed for further mention and trial directions. The application for leave to issue a further subpoena was also to be considered at this future mention. The court directed that any outstanding amount owed by the Loomis-Thurston Super Fund to MM Super Pty Ltd be paid forthwith from funds held in trust by Mitchell Lawyers, who were authorised to make such payment. Furthermore, the respondent was ordered to provide the applicant with the full name and current addresses of Mr LL, to the extent she possessed this information. All other applications for interim orders by the second applicant were dismissed.
The court was required to determine several legal issues. These included the appropriate course for the substantive applications for final relief, the merits of the application for leave to issue a further subpoena, the payment of outstanding amounts owed by the Loomis-Thurston Super Fund to its accountants, and the provision of specific information by the respondent regarding a Mr LL. Additionally, the court had to consider applications for interim orders made by the second applicant.
Forrest J ordered that the substantive applications for final relief be listed for further mention and trial directions. The application for leave to issue a further subpoena was also to be considered at this future mention. The court directed that any outstanding amount owed by the Loomis-Thurston Super Fund to MM Super Pty Ltd be paid forthwith from funds held in trust by Mitchell Lawyers, who were authorised to make such payment. Furthermore, the respondent was ordered to provide the applicant with the full name and current addresses of Mr LL, to the extent she possessed this information. All other applications for interim orders by the second applicant were dismissed.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Equity & Trusts
Legal Concepts
-
Costs
-
Injunction
-
Remedies
-
Stay of Proceedings
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
PT Bayan Resources TBK v BCBC Singapore Pte Ltd
[2015] HCA 36
CSR Ltd v Cigna Insurance Australia Ltd
[1997] HCA 33