Loading...
Queensland Judgments

beta

Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment

Fichera v Beinke

 

[2004] QSC 118

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 29 of 2002

DAMIEN SEAN FICHERA

Respondent/Plaintiff

and

 

DONALD STEPHEN BEINKE

First Defendant

and

 

AUSTRALIAN ASSOCIATED MOTOR INSURERS LIMITED

Applicant/Second Defendant

CAIRNS

DATE 15/03/2004

JUDGMENT

HIS HONOUR: This is an application on the part of the defendants to be provided with financial records in the event that taxations returns of the plaintiff are not available.

This matter is listed as a reserve trial on the 29th of April 2004. The preparation of financial returns is essential to the determination of the issues that will be raised on the trial.

The plaintiff is yet to file his taxation returns for the financial year ending 30th of June 2003. There seems to be no reason why those taxation returns, which will no doubt include financial statements, should not be prepared forthwith.

It will be necessary, I am informed, to dispose of the issues for financial statements to be prepared to the 31st of December 2003.

It would seem to me to be a relatively simple matter for those financial statements to be prepared in conjunction with the preparation of the taxation returns and financial records to the 30th of June 2003. It will be necessary for those financial returns to be prepared in a timely way. The parties have asked that time limits be set for those steps.

My orders will be that on or before the 30th of March 2004 the plaintiff provide to the solicitors for the defendant a copy of taxation returns including financial statements to the financial year ending 30th of June 2003, and financial statements for the period ending 31st of December 2003.

I further order that the defendants provide to the plaintiff's solicitor a copy of any expert accounting report to be relied upon within 14 days of their receipt of the financial statements referred to in order 1.

HIS HONOUR: I order that the cost of and incidental to this application be reserved.

Close

Editorial Notes

  • Published Case Name:

    Damien Sean Fichera v Donald Stephen Beinke

  • Shortened Case Name:

    Fichera v Beinke

  • MNC:

    [2004] QSC 118

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    15 Mar 2004

Litigation History

No Litigation History

Appeal Status

No Status