› Liquidators of former trustee of unit trust apply to be appointed as receivers and managers of trust assets by way of enforcement of equitable charge security right to be indemnified out of trust assets
› Current trustee opposes appointment on grounds that, inter alia, the costs of winding up the former trustee were occasioned by a breach of trust and the liquidators were therefore not entitled to have their remuneration paid out of trust assets
› receivers and managers appointed.
Civil Procedure
› Pleadings
› Amendment
› Late application for amendment
› Where applications made late on first day and early on second day of two-day hearing
› Where grant of leave would be inconsistent with overriding purpose and dictates of justice and just resolution of proceedings
› Leave refused
No question of principle.
Case Details
Citation[2023] NSWSC 1340
CourtNSWSC
JurisdictionNew South Wales
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