David Kerr as additional trustee for S.E.A.S Sapfor Forests Pty Limited Scheme [2021] NSWSC 720

David Kerr as additional trustee for S.E.A.S Sapfor Forests Pty Limited Scheme [2021] NSWSC 720

Given the existing conflict and the lack of opposition, the Court found it appropriate to extend Kerr's appointment to include distribution of proceeds and allow his costs to be recovered.

Parties
Plaintiff: David Kerr as additional trustee for S.E.A.S Sapfor Forests Pty Limited Scheme
Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Equity Commercial List / Application by Additional Trustee for Authority to Distribute Proceeds of Verdict
Outcome
Orders granted as sought in paragraphs 1 and 2 of the Notice of Motion dated 6 May 2021.
Legal Topics
Distribution of Proceeds, Trustee Powers, Court Supervision of Trustees
Equity Trusts and Trustees Distribution of Proceeds Trustee Powers Court Supervision of Trustees

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 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

David Kerr as additional trustee for S.E.A.S Sapfor Forests Pty Limited Scheme

Plaintiff

Procedural Posture

Equity Commercial List / Application by Additional Trustee for Authority to Distribute Proceeds of Verdict

Legal Issues

  1. 1 Whether the additional trustee has authority to distribute proceeds of judgment recovered in proceedings
  2. 2 Entitlement to recover costs of the application from the judgment proceeds

Ratio Decidendi

Given the existing conflict and the lack of opposition, the Court found it appropriate to extend Kerr's appointment to include distribution of proceeds and allow his costs to be recovered.

Court Disposition

Orders granted as sought in paragraphs 1 and 2 of the Notice of Motion dated 6 May 2021.

Orders

  • The Plaintiff's appointment as additional trustee is extended to the distribution of the proceeds of judgment recovered in NSWSC proceeding 2017/00164674.
  • The Plaintiff is entitled to recover his costs of this application from the judgment proceeds.