Teterin v Linrod Pty Ltd (No. 2) [2025] NSWSC 81

Teterin v Linrod Pty Ltd (No. 2) [2025] NSWSC 81

The proceedings were adversarial in character, not proper trust administration proceedings. The plaintiff failed on both principal issues. Accordingly, the statement of claim is to be dismissed and the plaintiff is to pay the costs of the proceedings to the first, third, and fourth defendants. No order as to costs is made for the third defendant's motion filed 7 December 2023.

Parties
Plaintiff: David John Teterin; First Defendant: Linrod Pty Ltd; Second Defendant: Peter James Evans; Third Defendant: Norman Teterin; Fourth Defendant: Stephanie Helen Teterin
Jurisdiction
Australia
Judgment Date
20 February 2025
Procedural Posture
Equity / Costs Determination Following Judgment
Outcome
Statement of claim dismissed. Plaintiff to pay first, third, and fourth defendants' costs; no order as to costs of the third defendant's motion filed 7 December 2023.
Legal Topics
Costs, Trusts, Adversarial Proceedings, Trustee Removal
Equity Costs Trusts Adversarial Proceedings Trustee Removal

Case Brief

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Parties

David John Teterin

Plaintiff

Linrod Pty Ltd

First Defendant

Peter James Evans

Second Defendant

Norman Teterin

Third Defendant

Stephanie Helen Teterin

Fourth Defendant

Procedural Posture

Equity / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether proceedings in substance adversarial or relating to trust administration
  2. 2 Appropriate order as to costs following dismissal of statement of claim

Ratio Decidendi

The proceedings were adversarial in character, not proper trust administration proceedings. The plaintiff failed on both principal issues. Accordingly, the statement of claim is to be dismissed and the plaintiff is to pay the costs of the proceedings to the first, third, and fourth defendants. No order as to costs is made for the third defendant's motion filed 7 December 2023.

Court Disposition

Statement of claim dismissed. Plaintiff to pay first, third, and fourth defendants' costs; no order as to costs of the third defendant's motion filed 7 December 2023.

Orders

  • The statement of claim be dismissed.
  • Subject to order 3, the plaintiff pay the first, third and fourth defendants' costs of the proceedings.