Thynne v Jevny Pty Limited (No 3)

[2025] NSWSC 986

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Equity
2. › Fiduciary duties
3. › Mutual wills
4. › Where parties signed a memorandum of wishes providing that surviving spouse would leave property to deceased’s children
5. › Nature and scope of obligations arising from memorandum of wishes
6. › Whether obligations give rise to a fiduciary duty
7. › Whether surviving spouse breached obligations by granting a mortgage over property
1. Succession
2. › Construction
3. › Gifts
4. › Right to possession
5. › Where deceased bequeathed artworks to his children but provided for his surviving spouse to enjoy right of possession during her lifetime
6. › Whether surviving spouse held the artworks under licence from the deceased’s children
7. › Whether usufructuary right granted to surviving spouse by deceased was akin to holder of life estate in realty
1. Equity
2. › Trusts and trustees
3. › Breaches of trust
4. › Court’s power to excuse
5. › Whether trustee ought to be excused under Trustee Act 1925 (NSW) s 85 for honest and reasonable breaches of trust
1. Corporations
2. › Directors and officers
3. › Whether de facto or shadow director