Amir Ashrafinia v Mohammad Reza Ashrafinia; Parvaneh Karami Fakhrabadi v Mohammad Reza Ashrafinia (No. 3) [2014] NSWSC 385

Amir Ashrafinia v Mohammad Reza Ashrafinia; Parvaneh Karami Fakhrabadi v Mohammad Reza Ashrafinia (No. 3) [2014] NSWSC 385

Given the competing positions about who should administer the remaining trust funds and the absence of an acceptable alternative trustee, the appropriate course was to direct that $450,000 from the Marsfield property sale proceeds be paid into Court pending applications for administration of the fund or appointment of a trustee, while giving directions for any challenges to the trustee for sale's fees and for Mohammad's indemnity costs application.

Jurisdiction
Australia
Judgment Date
31 March 2014
Procedural Posture
Equity Division Proceedings Concerning Trust Administration and Consequential Orders After Principal Judgment / Consequential Orders and Directions After Principal Judgment and Second Judgment
Outcome
Directions and orders made as set out in paragraph [17].
Legal Topics
['consequential Orders' 'trustee for Sale Expenses' 'payment of Trust Funds Into Court' 'appointment of Trustee' 'indemnity Costs']
['equity' 'procedure' 'trusts' 'costs'] ['consequential Orders' 'trustee for Sale Expenses' 'payment of Trust Funds Into Court' 'appointment of Trustee' 'indemnity Costs']

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Procedural Posture

Equity Division Proceedings Concerning Trust Administration and Consequential Orders After Principal Judgment / Consequential Orders and Directions After Principal Judgment and Second Judgment

Legal Issues

  1. 1 ["Whether the trustee for sale's costs and expenses should be approved and deducted from the Marsfield property sale proceeds." 'Whether Mohammad should have leave to pursue indemnity costs in the 2008 proceedings.' 'Whether a new trustee should be appointed or the balance of the trust funds should be paid into Court pending administration.' 'Whether an interim restraint should be made against Mohammad concerning interests in Ashrafi Richards Nominees, the Ashrafi Richards Hybrid Trust or CBB Management Pty Ltd.']

Ratio Decidendi

Given the competing positions about who should administer the remaining trust funds and the absence of an acceptable alternative trustee, the appropriate course was to direct that $450,000 from the Marsfield property sale proceeds be paid into Court pending applications for administration of the fund or appointment of a trustee, while giving directions for any challenges to the trustee for sale's fees and for Mohammad's indemnity costs application.

Court Disposition

Directions and orders made as set out in paragraph [17].

Orders

  • ['Direct the trustee to provide a copy of the affidavit of Alan John Hayes to each of the parties to the proceedings together with a letter giving notice of the motion which has been moved orally today.' "Direct that any motion Karami wishes to advance to challenge Mr Hayes' fees should be filed and served by Friday...