Torlonia v Wright (No 2)

In the case of Torlonia v Wright (No 2), the dispute was between Torlonia and Wright. The case concerned an account in equity, specifically regarding the procedure to be followed when taking such accounts before a trial judge. The matter was heard in the Federal Court of Australia. The primary issue before the court was the appropriate legal framework to be applied when taking an account in equity before a trial judge, as well as the procedural steps that should be followed.

The court was required to determine whether the traditional method of taking an account in equity, which involves a detailed calculation of the parties' respective interests, was the correct approach, or whether a more simplified procedure should be adopted. The court also had to consider the extent to which the trial judge should be involved in the calculation process and the level of detail that should be included in the account.

The court held that the traditional method of taking an account in equity, involving a detailed calculation of the parties' respective interests, remained the appropriate approach. The court emphasised that the trial judge should be actively involved in the calculation process, ensuring that the account is accurate and fair. The court also confirmed that the account should include a high level of detail, enabling the parties and the court to fully understand the basis for the calculation. The final orders of the court reflected this reasoning, directing the parties to prepare and submit a detailed account in accordance with the traditional method, with the trial judge's active involvement in the calculation process.