Lowe v Pascoe (No 12) [2021] NSWSC 1576

Lowe v Pascoe (No 12) [2021] NSWSC 1576

The administrator, being a constructive trustee in the first category and appointed by the Court, is entitled to indemnification and remuneration from the Partnership Fund for costs and expenses reasonably and properly incurred in defending the FC Chow Proceedings, as these were incurred in the performance of his duties and there is no finding of impropriety or lack of reasonable conduct.

Jurisdiction
Australia
Judgment Date
08 December 2021
Procedural Posture
Equity – Trusts and Trustees / Determination of Administrator's Costs and Entitlement to Indemnification and Remuneration
Outcome
Administrator entitled to indemnification and remuneration from the Partnership Fund for costs and expenses incurred in relation to the FC Chow Proceedings.
Legal Topics
['administrator’s Costs' 'indemnification' 'remuneration' 'judicial Advice Under Trustee Act 1925 S 63']
['equity' 'trusts'] ['administrator’s Costs' 'indemnification' 'remuneration' 'judicial Advice Under Trustee Act 1925 S 63']

Case Brief

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Procedural Posture

Equity – Trusts and Trustees / Determination of Administrator's Costs and Entitlement to Indemnification and Remuneration

Legal Issues

  1. 1 ['Whether the administrator is entitled to indemnification from the Partnership Fund for costs and expenses incurred in defending the FC Chow Proceedings' 'Whether the administrator is entitled to remuneration from the Partnership Fund in relation to the FC Chow Proceedings' 'Whether such costs, expenses, and remuneration were reasonably and properly incurred by the administrator as trustee']

Ratio Decidendi

The administrator, being a constructive trustee in the first category and appointed by the Court, is entitled to indemnification and remuneration from the Partnership Fund for costs and expenses reasonably and properly incurred in defending the FC Chow Proceedings, as these were incurred in the performance of his duties and there is no finding of impropriety or lack of reasonable conduct.

Court Disposition

Administrator entitled to indemnification and remuneration from the Partnership Fund for costs and expenses incurred in relation to the FC Chow Proceedings.

Orders

  • ['Administrator is directed to bring in short minutes for the further conduct and finalisation of both the Partnership Proceedings and the FC Chow Proceedings within 14 days.']