James & Ors v James (No. 2) [2019] NSWSC 116

James & Ors v James (No. 2) [2019] NSWSC 116

The Trustees' claimed costs, expenses and remuneration were allowed because the evidence showed they were genuinely incurred, related to execution of the trust, and were reasonable in the unusually contentious circumstances created by disputes among the co-owners and with the Trustees. The remaining apportionment issues affected the bankrupt estate and therefore constituted a special federal matter, but special reasons justified retaining them in the Supreme Court of New South Wales: the judge's extensive familiarity with the parties' conduct and the proceedings, the likely delay and wider administration-of-justice consequences of transfer, the absence of any need for specialist...

Jurisdiction
Australia
Judgment Date
20 February 2019
Procedural Posture
Proceedings Concerning Trustees for Sale Appointed Under Conveyancing Act 1919, S 66 G, Trustees' Costs and Expenses, and Cross Vesting Issues / Second Judgment After Sale of the Property; Determination of Trustees' Costs and Whether Remaining Apportionment Issues Should Stay in the Supreme Court of New South Wales
Outcome
All Trustees' claimed costs, charges and expenses were allowed as reasonable; the proceedings are to remain in the Supreme Court of New South Wales solely for determination of the apportionment issues, with further short minutes of order to be brought in.
Legal Topics
['trustees for Sale' 'conveyancing Act 1919, S 66 G' 'trustee Remuneration and Expenses' 'apportionment Between Co Owners' 'special Federal Matter' 'cross Vesting' "bankrupt Co Owner's Estate"]
['trusts' 'property Law' 'bankruptcy' 'civil Procedure' 'costs'] ['trustees for Sale' 'conveyancing Act 1919, S 66 G' 'trustee Remuneration and Expenses' 'apportionment Between Co Owners' 'special Federal Matter' 'cross Vesting' "bankrupt Co Owner's Estate"]

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Procedural Posture

Proceedings Concerning Trustees for Sale Appointed Under Conveyancing Act 1919, S 66 G, Trustees' Costs and Expenses, and Cross Vesting Issues / Second Judgment After Sale of the Property; Determination of Trustees' Costs and Whether Remaining Apportionment Issues Should Stay in the Supreme Court of New South Wales

Legal Issues

  1. 1 ["Whether the Trustees' claimed costs, expenses and remuneration incurred in effecting the sale of the Property should be allowed as reasonable." "Whether particular objections by the third plaintiff to the Trustees' costs should be upheld." 'Whether the remaining apportionment issues affecting the bankrupt estate of Jennifer Elizabeth James constituted a special federal matter.' 'Whether there were special reasons under the Jurisdiction of Courts (Cross-Vesting) Act 1987, s 6(3) for the apportionment issues to remain in the Supreme Court of New South Wales.']

Ratio Decidendi

The Trustees' claimed costs, expenses and remuneration were allowed because the evidence showed they were genuinely incurred, related to execution of the trust, and were reasonable in the unusually contentious circumstances created by disputes among the co-owners and with the Trustees. The remaining apportionment issues affected the bankrupt estate and therefore constituted a special federal matter, but special reasons justified retaining them in the Supreme Court of New South Wales: the judge's extensive familiarity with the parties' conduct and the proceedings, the likely delay and wider administration-of-justice consequences of transfer, the absence of any need for specialist...

Court Disposition

All Trustees' claimed costs, charges and expenses were allowed as reasonable; the proceedings are to remain in the Supreme Court of New South Wales solely for determination of the apportionment issues, with further short minutes of order to be brought in.

Orders

  • ['Direct the parties to consult and to bring in short minutes order to give effect to these reasons, which should be provided to the Court by Monday, 1 April 2019 at 4pm.' 'Adjourn the proceedings before me to Tuesday 2 April 2019 at 9.30am for the making of orders to give effect to these reasons.' 'The date for...