EQUITY - application for the taking of accounts - fiduciary duty - duty to pay expenses and care for the deceased - authority from deceased to withdraw moneys from the account for maintenance and care - control of money in the account - admitted use for personal benefit - no intended obligation to account - no failure in duties to deceased - application for the taking of accounts dismissed
EQUITY - application for the taking of accounts - authority to draw from the account for own purposes revoked on death of deceased - requirement to account for moneys to be restored to the estate - account for restoration to estate subject to any entitlement to credit
Case Details
Citation[2012] NSWSC 95
CourtNSWSC
JurisdictionNew South Wales
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