The Court of Appeal granted leave to appeal from a District Court decision, finding it clearly arguable that claims for equitable compensation for breach of trust and breach of fiduciary duty fall within s 134(1)(e) of the District Court Act 1973 (NSW), and are therefore excluded from s 134(1)(h), meaning the District Court lacks jurisdiction where the trust fund exceeds $20,000. The substantive jurisdictional question was not resolved at this stage, but the Court indicated the argument may be strongly arguable, following the approach of Brereton J in McDonough v The Owners Strata Plan No 57504 [2014] NSWSC 1708.
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