Application by Sonya Sarkis [2015] NSWSC 1369

Application by Sonya Sarkis [2015] NSWSC 1369

The trustee is justified in bringing a cross-claim against William Bkassini for certain claims, resisting s 66G proceedings by seeking orders on specific terms, is empowered to borrow money and purchase the co-owner's share, and is not in conflict of interest due to express authorisation in the trust instrument.

Jurisdiction
Australia
Judgment Date
28 September 2015
Procedural Posture
Application for Judicial Advice Under Trustee Act 1925 (nsw), S 63 / Decision Following Application for Judicial Advice
Outcome
Judicial advice given; trustee justified in bringing certain cross-claims and resisting s 66G proceedings on terms; orders made for payment of costs and for mediation.
Legal Topics
['judicial Advice to Trustees' 'testamentary Trusts' 'co Ownership of Property' 'trusts and Conflicts of Interest' 'powers of Trustees']
['equity' 'trusts'] ['judicial Advice to Trustees' 'testamentary Trusts' 'co Ownership of Property' 'trusts and Conflicts of Interest' 'powers of Trustees']

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Procedural Posture

Application for Judicial Advice Under Trustee Act 1925 (nsw), S 63 / Decision Following Application for Judicial Advice

Legal Issues

  1. 1 ['Whether the trustee is justified in bringing a Cross Claim against a co-owner for unpaid outgoings and other claims' 'Whether the trustee is justified in resisting Conveyancing Act, s 66G proceedings and on what terms' "Whether the trustee has power to borrow money and acquire co-owner's interest" 'Whether actions proposed by trustee place her in a conflict of interest']

Ratio Decidendi

The trustee is justified in bringing a cross-claim against William Bkassini for certain claims, resisting s 66G proceedings by seeking orders on specific terms, is empowered to borrow money and purchase the co-owner's share, and is not in conflict of interest due to express authorisation in the trust instrument.

Court Disposition

Judicial advice given; trustee justified in bringing certain cross-claims and resisting s 66G proceedings on terms; orders made for payment of costs and for mediation.

Orders

  • ['The trustee is justified in bringing a cross-claim against William Bkassini as described.' 'The trustee is justified in resisting Conveyancing Act, s 66G proceedings by seeking orders as described in the Summons.' "The trustee has the power to borrow money and purchase William Bkassini's share and is not in breach...