Northey v Juul [2005] NSWSC 933

Northey v Juul [2005] NSWSC 933

One instance of wilful default was established – failure of executors to get in the amount to be refunded for surplus payments made to Mrs Juul and her husband in the renovation. No evidence supported likelihood of further wilful defaults. Court directed a limited order for account on the basis of wilful default for...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 September 2005
Procedural Posture
Application for Account / Judgment
Outcome
Limited order for an account on the basis of wilful default; rest of estate to be accounted for in common form; parties directed to bring in short minutes for directions on taking the account.
Legal Topics
['executors and Administrators' 'wilful Default' 'account of Administration' 'breach of Trust']
['succession' 'equity'] ['executors and Administrators' 'wilful Default' 'account of Administration' 'breach of Trust']

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Procedural Posture

Application for Account / Judgment

Legal Issues

  1. 1 ['Whether executors wilfully defaulted in accounting for estate assets' 'Whether sale of trust assets at undervalue constituted wilful default' 'Whether payments for renovation were gifts or estate assets' 'Whether estate is entitled to accounting for surplus paid to executor and spouse']

Ratio Decidendi

One instance of wilful default was established – failure of executors to get in the amount to be refunded for surplus payments made to Mrs Juul and her husband in the renovation. No evidence supported likelihood of further wilful defaults. Court directed a limited order for account on the basis of wilful default for that instance only, with common form account for the remainder of the estate.

Court Disposition

Limited order for an account on the basis of wilful default; rest of estate to be accounted for in common form; parties directed to bring in short minutes for directions on taking the account.

Orders

  • ['Account to be taken on basis of wilful default for the surplus payment incident.' 'Account of remainder of estate in common form.' 'Liberty to apply in event of further wilful default.' 'Parties to bring in short minutes for directions on taking account.']