FAMILY COURT OF AUSTRALIA
| SIGLEY & DE SANTIS AND ORS (NO. 2) | [2019] FamCA 596 |
| FAMILY LAW – PROPERTY – procedural steps to ensure three proceedings advance smoothly to trial – 12 day trial ordered. |
| Family Law Rules 2004 (Cth) r 1.04, 1.06, 1.07, 6.02, 6.03 Trustee Act (Vic) s 63 Corporations Act 2001 (Cth) sch 2, s 60-10(2)(a) |
| I. C. F Spry, The Principles of Equitable Remedies, Specific Performance, Injunctions, Rectification and Equitable Damages (Law Book Company Ltd, 4th ed, 1990) The Hon. J. Dyson Heydon AC QC, Mark J Leeming and Peter G Turner, Meagher, Gummow and Lehane's Equity Doctrines and Remedies (LexisNexis Butterworths, 5th ed, 2014) |
| APPLICANT: | Mr Sigley |
| FIRST RESPONDENT: | Mr De Santis |
| SECOND RESPONDENT: | Q Pty Ltd as trustee for Q Discretionary Trust |
| THIRD RESPONDENT: | R Pty Ltd as trustee for De Santis Family Trust |
| FOURTH RESPONDENT: | Mr S De Santis |
| FIFTH AND SIXTH RESPONDENTS: | Mr T and Mr U as liquidators of E Pty Ltd (in liquidation) |
| SEVENTH RESPONDENT: | De Santis Family Investments Pty Ltd as trustee for E Superannuation Fund |
| EIGHTH RESPONDENT: | V Pty Ltd (formerly P Partners Pty Ltd) |
| NINTH RESPONDENT: | B Accountants Pty Ltd |
| TENTH RESPONDENT: | X Pty Ltd as trustee for Trust for the Children of Mr & Ms De Santis |
| PROPOSED ELEVENTH RESPONDENT: | E6 Pty Ltd |
| TWELFTH RESPONDENT: | Ms De Santis (also known as BB De Santis) |
| THIRTEENTH RESPONDENT: | E Pty Ltd |
| FILE NUMBER: | MLC | 9296 | of | 2015 |
| DATE DELIVERED: | 27 August 2019 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Wilson J |
| HEARING DATE: | 20 August 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr J W St John QC |
| SOLICITOR FOR THE APPLICANT: | Peter Szabo Family Law |
| COUNSEL FOR THE FIRST RESPONDENT: | No appearance |
| SOLICITOR FOR THE FIRST RESPONDENT: | None |
| COUNSEL FOR THE… |
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- Case
- [2019] FamCA 596
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the determination of the precise terms of the minutes of order to be made, reflecting the court's earlier reasons for judgment. This involved ensuring the minutes accurately captured the court's findings and directions.
Wilson J directed that the parties were to bring in minutes giving effect to the court's reasons by 4pm on 2 September 2019. The form of the final order was noted as being subject to the entry of the order in the Court’s records.
Orders
Orders of the court
By 4pm on 2 September 2019 I direct that the parties bring in minutes that give effect to these reasons.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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