Application of Baldwin [2021] NSWSC 1438

Application of Baldwin [2021] NSWSC 1438

The Executors were justified in pursuing the existing and proposed recovery claims, except for the CSA Macquarie Account payments, because counsel's careful analysis showed a substantial or reasonable basis for the claims and recovery would appreciably benefit the estate and other beneficiaries. Advice was reserved on the CSA Macquarie Account payments because it was unclear who held the account and whether funds passed to Mr Field or Lokdown. The Court declined to authorise defence of the cross-claim generally because allegations of past or separate maladministration should be dealt with in the ordinary way, although the judicial advice granted would effectively answer complaints about...

Jurisdiction
Australia
Judgment Date
08 November 2021
Procedural Posture
Application for Judicial Advice Under Trustee Act 1925 (nsw), S 63 Concerning Administration of a Deceased Estate / Decision on Application for Judicial Advice
Outcome
Judicial advice granted in part; advice reserved in part.
Legal Topics
['administration of Estate' 'judicial Advice' 'executors' 'claims to Recover Payments Made Before Death' 'cherry V Boultbee Set Off' 'cross Claim Alleging Maladministration' 'trustee Costs and Indemnity']
['succession' 'equity' 'trusts and Trustees'] ['administration of Estate' 'judicial Advice' 'executors' 'claims to Recover Payments Made Before Death' 'cherry V Boultbee Set Off' 'cross Claim Alleging Maladministration' 'trustee Costs and Indemnity']

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Procedural Posture

Application for Judicial Advice Under Trustee Act 1925 (nsw), S 63 Concerning Administration of a Deceased Estate / Decision on Application for Judicial Advice

Legal Issues

  1. 1 ['Whether the executors would be justified in continuing to pursue claims against Mr Field and Lokdown Pty Limited to recover payments allegedly made for the CSA website.' 'Whether the executors would be justified in pursuing a further claim concerning payments ostensibly made for legal services.' 'Whether advice should be given about claims concerning payments to the CSA Macquarie Account.' "Whether the executors should be given judicial advice authorising them to defend Mr Field's cross-claim alleging maladministration."]

Ratio Decidendi

The Executors were justified in pursuing the existing and proposed recovery claims, except for the CSA Macquarie Account payments, because counsel's careful analysis showed a substantial or reasonable basis for the claims and recovery would appreciably benefit the estate and other beneficiaries. Advice was reserved on the CSA Macquarie Account payments because it was unclear who held the account and whether funds passed to Mr Field or Lokdown. The Court declined to authorise defence of the cross-claim generally because allegations of past or separate maladministration should be dealt with in the ordinary way, although the judicial advice granted would effectively answer complaints about...

Court Disposition

Judicial advice granted in part; advice reserved in part.

Orders

  • ['Order that the plaintiffs as executors of the estate of the late Denise Melane would be justified in taking all reasonable steps to pursue claims against Justin Field and Lokdown Pty Limited to recover the payments set out in the schedule attached to counsel\'s second supplementary confidential advice (other than...