Kingsman v NSW Trustee & Guardian [2013] NSWSC 487

Kingsman v NSW Trustee & Guardian [2013] NSWSC 487

It cannot be safely concluded at this stage that the plaintiff's claims against the Trustee are so obviously untenable or groundless that there is a high degree of certainty they will fail at trial; triable issues remain on the Trustee's statutory and fiduciary duties and the plaintiff's capacity, so the motion to summarily dismiss and strike out must be dismissed.

Jurisdiction
Australia
Judgment Date
02 May 2013
Procedural Posture
Notice of Motion / Interlocutory Application to Strike Out or Summarily Dismiss Statement of Claim
Outcome
Motion dismissed
Legal Topics
['strike Out Application' 'summary Dismissal' 'duty of Trustee' 'capacity of Beneficiary' 'pleadings Amendment']
['civil Procedure'] ['strike Out Application' 'summary Dismissal' 'duty of Trustee' 'capacity of Beneficiary' 'pleadings Amendment']

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion / Interlocutory Application to Strike Out or Summarily Dismiss Statement of Claim

Legal Issues

  1. 1 ["Whether the plaintiff's claim against the Trustee should be summarily dismissed as untenable or groundless" 'Whether the statement of claim discloses a reasonable cause of action' 'Whether the Trustee complied with statutory and common law duties in transferring assets to the plaintiff upon reaching adulthood' "Whether there are triable issues about the plaintiff's capacity and the Trustee's conduct"]

Ratio Decidendi

It cannot be safely concluded at this stage that the plaintiff's claims against the Trustee are so obviously untenable or groundless that there is a high degree of certainty they will fail at trial; triable issues remain on the Trustee's statutory and fiduciary duties and the plaintiff's capacity, so the motion to summarily dismiss and strike out must be dismissed.

Court Disposition

Motion dismissed

Orders

  • ['Motion dismissed with the usual order as to costs as agreed or assessed, in favour of Mr Kingsman.' 'Leave granted to Mr Kingsman to amend the statement of claim within two weeks.' 'Costs of the amendments are reserved.']