GOODWIN v DUGGAN [1996] NSWCA 221

GOODWIN v DUGGAN [1996] NSWCA 221

The matter was not finally decided, as further evidence was required regarding the financial position of the claimant and the needs of the beneficiary. A temporary stay was granted pending further hearing to ensure the status quo is preserved.

Parties
Applicant/claimant/appellant: Deborah Goodwin; Respondent/first Opponent/plaintiff/beneficiary: Duggan (first opponent/plaintiff/beneficiary); Trustee/active Trustee: Brett Yuile
Jurisdiction
Australia
Judgment Date
18 March 1996
Procedural Posture
Application for Stay Pending Appeal / Application for Stay of Judgment Pending the Determination of an Appeal
Outcome
Application for stay stood over; temporary stay of orders granted until further hearing; directions for evidence and submissions given; leave to amend notice of motion to seek expedited appeal hearing.
Legal Topics
Breach of Trust, Trustee Act 1925 (nsw) S 85, Stay of Execution, Expedition of Appeal Hearing
Trusts Law Breach of Trust Trustee Act 1925 (nsw) S 85 Stay of Execution Expedition of Appeal Hearing

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Parties

Deborah Goodwin

Applicant/claimant/appellant

Duggan (first opponent/plaintiff/beneficiary)

Respondent/first Opponent/plaintiff/beneficiary

Brett Yuile

Trustee/active Trustee

Procedural Posture

Application for Stay Pending Appeal / Application for Stay of Judgment Pending the Determination of an Appeal

Legal Issues

  1. 1 Whether the orders requiring payment by the trustee should be stayed pending appeal
  2. 2 Whether the applicant trustee is entitled to be excused under s 85 of the Trustee Act for breach of trust
  3. 3 Whether an undertaking as to assets is sufficient security for the stay

Ratio Decidendi

The matter was not finally decided, as further evidence was required regarding the financial position of the claimant and the needs of the beneficiary. A temporary stay was granted pending further hearing to ensure the status quo is preserved.

Court Disposition

Application for stay stood over; temporary stay of orders granted until further hearing; directions for evidence and submissions given; leave to amend notice of motion to seek expedited appeal hearing.

Orders

  • Matter stood over to 4 April for further hearing.
  • Stay of Simos J's orders until 10.15 am 4 April granted.