This case involved cross-applications concerning the distribution of fire insurance proceeds following significant damage to a shared property.
Bonny Bunda sought the release of approximately two-thirds of the funds held in trust, while Andrew Carry requested all funds be paid into court and a reference for distribution.
The court granted Bonny Bunda's application, ordering a specific amount released to her and the remainder paid into court for resolution in Small Claims Court.
The court determined that an email from Andrew Carry's counsel, stating his claim amount, was not a without prejudice communication and could be relied upon.
