Turner v O’Bryan-Turner (No 2) [2022] NSWCA 44

Turner v O’Bryan-Turner (No 2) [2022] NSWCA 44

The estate of Wendy Joan O'Bryan-Turner is liable on a constructive trust and for equitable compensation to John Turner, who proves as a creditor for $3,440,000 in the estate. Costs against the executrix must reflect the full extent of John's successful claim, not be limited to 20%. Immediate property transfers or sales require judicial/managerial oversight given John's incapacity. Costs are apportioned among parties as outlined in the orders.

Jurisdiction
Australia
Judgment Date
25 March 2022
Procedural Posture
Appeal / Consequential Orders Following Principal Judgment
Outcome
Appeal allowed in part; orders accordingly; otherwise dismissed.
Legal Topics
['constructive Trust' 'fiduciary Duty' 'costs' 'equitable Compensation' 'sale of Property']
['equity' 'trusts and Estates' 'civil Procedure'] ['constructive Trust' 'fiduciary Duty' 'costs' 'equitable Compensation' 'sale of Property']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Consequential Orders Following Principal Judgment

Legal Issues

  1. 1 ['Appropriate costs orders in respect of proceedings below and on appeal' 'Form of equitable compensation order against deceased estate' 'Sale and administration of properties held on constructive trust' 'Allocation of costs among appellants and respondents']

Ratio Decidendi

The estate of Wendy Joan O'Bryan-Turner is liable on a constructive trust and for equitable compensation to John Turner, who proves as a creditor for $3,440,000 in the estate. Costs against the executrix must reflect the full extent of John's successful claim, not be limited to 20%. Immediate property transfers or sales require judicial/managerial oversight given John's incapacity. Costs are apportioned among parties as outlined in the orders.

Court Disposition

Appeal allowed in part; orders accordingly; otherwise dismissed.

Orders

  • ['Appeal allowed in part.' 'Set aside certain Supreme Court orders of 12 January, 18 February, and 8 April 2021.' 'Release undertakings and discharge charge over property.' "Declare that Wendy Joan O'Bryan Turner held interests in properties on constructive trust for John Turner." 'Declare that executrix holds...