Rix v Mahony [2015] NSWSC 91

Rix v Mahony [2015] NSWSC 91

Mr Rix failed to provide any probative evidence that the trustees' remuneration was excessive or unjustified; the affidavits and evidence provided by the trustees justified the sums claimed, and no reason was provided to intervene in the Registrar's decision. Thus, the application for review was dismissed and the Registrar's assessment affirmed.

Jurisdiction
Australia
Judgment Date
13 February 2015
Procedural Posture
Application for Review / Decision on Review Application of Registrar's Assessment
Outcome
Application for review dismissed
Legal Topics
['remuneration of Trustees' "review of Registrar's Decision" 's 66 G Conveyancing Act' 'costs Assessment' 'beneficial Interests in Property']
['equity' 'civil Procedure'] ['remuneration of Trustees' "review of Registrar's Decision" 's 66 G Conveyancing Act' 'costs Assessment' 'beneficial Interests in Property']

Case Brief

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Procedural Posture

Application for Review / Decision on Review Application of Registrar's Assessment

Legal Issues

  1. 1 ["Whether the Registrar's assessment of trustees' remuneration should be set aside or varied" 'Whether the amount claimed by the trustees as remuneration was excessive or justified']

Ratio Decidendi

Mr Rix failed to provide any probative evidence that the trustees' remuneration was excessive or unjustified; the affidavits and evidence provided by the trustees justified the sums claimed, and no reason was provided to intervene in the Registrar's decision. Thus, the application for review was dismissed and the Registrar's assessment affirmed.

Court Disposition

Application for review dismissed

Orders

  • ["Application for review of Registrar's decision dismissed." "Plaintiff to pay the trustees' costs of the application assessed at $1,650 inclusive of GST." 'Trustees may deduct the assessed costs from any amount payable by them to Mr Rix in respect of his one-quarter interest in the proceeds of sale.' 'Trustees may...