Telfer v Fairfax (No 3) [2016] NSWSC 895

Telfer v Fairfax (No 3) [2016] NSWSC 895

Mr Fairfax, as administrator, must pay Mark Telfer the balance of the deposit held in trust; Mr Fairfax's fees and disbursements as administrator and first defendant should be paid by Ms Telfer pursuant to their prior agreement, and orders should ensure Ms Telfer is responsible for any shortfall in the estate's ability to meet those fees.

Parties
Plaintiff: Carolyn Telfer; First Defendant: Kenneth John Fairfax in his capacity as administrator of the estate of Lyall Telfer; Second Defendant: Mark Andrew Telfer
Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Equity / Consequential Orders Following Earlier Judgments
Outcome
Orders made regarding payment of deposit and fees, completing discharge of administrator’s entitlement to fees and disbursements.
Legal Topics
Deposit Entitlement After Completion, Administrator's Fees and Expenses, Specific Performance, Priority and Charges Over Estate Assets
Conveyancing Equity Deposit Entitlement After Completion Administrator's Fees and Expenses Specific Performance Priority and Charges Over Estate Assets

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Parties

Carolyn Telfer

Plaintiff

Kenneth John Fairfax in his capacity as administrator of the estate of Lyall Telfer

First Defendant

Mark Andrew Telfer

Second Defendant

Procedural Posture

Equity / Consequential Orders Following Earlier Judgments

Legal Issues

  1. 1 Who is entitled to the balance of deposit held in trust by the estate administrator
  2. 2 Who is responsible for payment of the administrator's fees and disbursements

Ratio Decidendi

Mr Fairfax, as administrator, must pay Mark Telfer the balance of the deposit held in trust; Mr Fairfax's fees and disbursements as administrator and first defendant should be paid by Ms Telfer pursuant to their prior agreement, and orders should ensure Ms Telfer is responsible for any shortfall in the estate's ability to meet those fees.

Court Disposition

Orders made regarding payment of deposit and fees, completing discharge of administrator’s entitlement to fees and disbursements.

Orders

  • Order the first defendant to pay to the second defendant the amount of $9,579.85 standing in the first defendant's trust account.
  • Order the first defendant to pay to the second defendant the amount of $8,000, which was paid by the second defendant to the first defendant in compliance with order 4 made by the court on 18 April 2016.