Mendonca v Tonna; Mendonca v Hathway [2023] NSWSC 30

Mendonca v Tonna; Mendonca v Hathway [2023] NSWSC 30

Order 5 entitled the trustees to charge and recover, without further authorisation, fees and expenses not exceeding $20,000, but does not preclude them from seeking, and the Court from approving, an increase if justified as just, fair and reasonable.

Jurisdiction
Australia
Judgment Date
01 February 2023
Procedural Posture
Equity Proceedings (real Property List) / Determination of Separate Question Regarding Cap on Trustees' Remuneration
Outcome
Application for determination of separate question granted; question answered in favour of trustees.
Legal Topics
['trustee Remuneration' 'interpretation of Court Orders' 'procedure Separate Questions']
['equity' 'real Property' 'trusts and Trustees'] ['trustee Remuneration' 'interpretation of Court Orders' 'procedure Separate Questions']

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

Equity Proceedings (real Property List) / Determination of Separate Question Regarding Cap on Trustees' Remuneration

Legal Issues

  1. 1 ["Whether order 5 made by Darke J on 4 June 2021 finally limits to $20,000 the Trustee's entitlement to charge for services and disbursements pursuant to the appointment made by order 3"]

Ratio Decidendi

Order 5 entitled the trustees to charge and recover, without further authorisation, fees and expenses not exceeding $20,000, but does not preclude them from seeking, and the Court from approving, an increase if justified as just, fair and reasonable.

Court Disposition

Application for determination of separate question granted; question answered in favour of trustees.

Orders

  • ["Order that the following question be determined separately: 'Does order 5 made by Darke J on 4 June 2021 finally limit to $20,000 the Trustee's entitlement to charge for services provided by them and disbursements incurred by them pursuant to the appointment made by order 3?'" "Determine that the answer to the...