SUCCESSION - executors or administrators - proceedings by executors and administrators - beneficiary entitled to undertake claim if executors do not do so - beneficiary cannot be in better position than estate
POWERS OF ATTORNEY - breach of limitation on donee using power for own benefit - ratification of breach by principal - onus on defendant to establish ratification by unequivocal words or acts - onus on defendant to prove that principal had knowledge of all material circumstances - evidence deficient in that conversations with principal said to establish ratification were in very general terms
EQUITY - claim of third party liability for breach of trust or fiduciary duty - knowing receipt - where knowledge of breach not established - where knowledge of receipt of property acquired through breach not established - third party not liable
LIMITATION OF ACTIONS - contracts, torts and personal actions - when time begins to run - cause of action accrues on suffering of loss or damage - trusts and deceased estates - where estate had potential claim for misappropriated funds against fourth defendant - devastavit claim against the executors accrued when executors failed to withhold legacy to the fourth defendant
Case Details
Citation[2012] NSWSC 648
CourtNSWSC
JurisdictionNew South Wales
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