Tadros v Shoushani [2021] NSWSC 1673

Tadros v Shoushani [2021] NSWSC 1673

It was appropriate to vary the consent orders to permit sale by private treaty because (1) all beneficiaries except Robert consented, (2) the sale price achieved was only slightly less than market value and would likely not be improved by auction, especially given Robert's non-compliance with earlier orders and refusal to vacate, (3) sale by private treaty reduced costs, avoided further disputes, and was in the best interests of the estate.

Jurisdiction
Australia
Judgment Date
15 December 2021
Procedural Posture
Amended Notice of Motion to Vary Consent Orders in Equity Proceedings Concerning Estate Administration / Variation of Consent Orders Following Settlement of Estate Litigation; Ex Tempore Judgment
Outcome
Orders varied
Legal Topics
['variation of Consent Orders' 'sale of Trust Property' 'trustee Powers' 'enforcement of Judgments' 'costs']
['equity' 'trusts and Estates'] ['variation of Consent Orders' 'sale of Trust Property' 'trustee Powers' 'enforcement of Judgments' 'costs']

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

Amended Notice of Motion to Vary Consent Orders in Equity Proceedings Concerning Estate Administration / Variation of Consent Orders Following Settlement of Estate Litigation; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether court should vary consent orders to allow sale by private treaty rather than public auction' 'Whether sales by private treaty are in the best interests of the estate' 'Who should bear costs of the variation application']

Ratio Decidendi

It was appropriate to vary the consent orders to permit sale by private treaty because (1) all beneficiaries except Robert consented, (2) the sale price achieved was only slightly less than market value and would likely not be improved by auction, especially given Robert's non-compliance with earlier orders and refusal to vacate, (3) sale by private treaty reduced costs, avoided further disputes, and was in the best interests of the estate.

Court Disposition

Orders varied

Orders

  • ["Vary Order 14a made by Slattery J on 3 March 2021 by inserting before 'public auction' the words 'private treaty or'." "Order the first defendant (Robert Shoushani) to pay the applicants' costs of today on the ordinary basis, to be paid in the first instance by deduction from the first defendant's share of the...