Premier Land Holdings Pty Ltd v Excellent Development Pty Ltd (No 2) [2017] NSWSC 1693

Premier Land Holdings Pty Ltd v Excellent Development Pty Ltd (No 2) [2017] NSWSC 1693

Premier is entitled to vesting orders and a declaration of trusteeship, and the defendants, having resisted unsuccessfully, should pay 90% of Premier’s costs of the statement of claim jointly. Ms Liu was not a party to the cross-claim and thus not liable for cross-claim costs. Orders were made to effectuate trust administration and to provide procedural protections to beneficiaries for dealings with trust property.

Jurisdiction
Australia
Judgment Date
08 December 2017
Procedural Posture
Equity / Costs Decision Following Earlier Judgment on Change of Trustee and Relief Orders
Outcome
Orders made in favour of Premier including vesting orders, directions concerning refund of stamp duty, and orders for costs (90% of plaintiff's costs of statement of claim to be paid jointly by defendants; cross-claim dismissed with costs to cross-defendants).
Legal Topics
['costs' 'trustees' 'vesting Orders' 'refund of Stamp Duty']
['equity'] ['costs' 'trustees' 'vesting Orders' 'refund of Stamp Duty']

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Procedural Posture

Equity / Costs Decision Following Earlier Judgment on Change of Trustee and Relief Orders

Legal Issues

  1. 1 ['What are the appropriate orders following the earlier declaration of new trustee and what costs orders should be made?' 'Whether Min Liu should be liable for costs as a defendant.' 'How should applications regarding refund of stamp duty be handled pending outcome of proceedings?']

Ratio Decidendi

Premier is entitled to vesting orders and a declaration of trusteeship, and the defendants, having resisted unsuccessfully, should pay 90% of Premier’s costs of the statement of claim jointly. Ms Liu was not a party to the cross-claim and thus not liable for cross-claim costs. Orders were made to effectuate trust administration and to provide procedural protections to beneficiaries for dealings with trust property.

Court Disposition

Orders made in favour of Premier including vesting orders, directions concerning refund of stamp duty, and orders for costs (90% of plaintiff's costs of statement of claim to be paid jointly by defendants; cross-claim dismissed with costs to cross-defendants).

Orders

  • ['Declare plaintiff is trustee of Excellent Unit Trust as of 14 August 2015.' 'Order vesting all property and rights of the Excellent Unit Trust in the plaintiff, including purchaser rights to 117-119 Bowden Street, Meadowbank, and right to refund of duty.' 'Order delivery up of books and records of the trust by...