EQUITY - Trusts and trustees - Applications to court for advice and authority - Petition or summons for advice - Jurisdiction - Trustee Act 1925 s 63 - Discretion to refuse advice - Categories of trustee - Where proceedings against trustees
EQUITY - Trusts and trustees - Applications to court for advice and authority - Petition or summons for advice - Whether appropriate to defend proceedings for removal of trustees - Whether appropriate to defend proceedings using trust funds
EQUITY - Trusts and trustees - Applications to court for advice and authority - Petition or summons for advice - Whether trustees should seek to recover amounts paid to third party beneficiaries allegedly in breach of trust - Basis for recovery - Money had and received - Moneys not paid by mistake - Change of position - Action under doctrine in Re Diplock available only to beneficiaries - Trustees Act 1962 (WA) s 65 inapplicable
EQUITY - Trusts and trustees - Applications to court for advice and authority - Petition or summons for advice - Whether appropriate to settle proceedings with potential beneficiaries within a given range - Whether appropriate to defend proceedings where settlement within a given range unobtainable
Case Details
Citation[2013] NSWSC 163
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
