Kenneth Walter Waddell v Allan William Waddell as executor of the Estate of the late Ronald John Waddell (No. 2) [2011] NSWSC 1688

Kenneth Walter Waddell v Allan William Waddell as executor of the Estate of the late Ronald John Waddell (No. 2) [2011] NSWSC 1688

The declaration that the defendant holds the subject land on trust for the plaintiff followed from the principal judgment, but conveyance should await assessment of any benefits received by the plaintiff, including from an interest-free loan and possible taxation benefit from superannuation contributions, so...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 November 2011
Procedural Posture
Consequential Orders / Directions and Form of Orders Following Principal Judgment
Outcome
Declaration made to give effect to the principal judgment and directions made to facilitate the inquiry into superannuation benefits received by the plaintiff.
Legal Topics
['judgments and Orders' 'consequential Orders' 'form of Orders' 'inquiry Into Benefits' 'trust Over Real Property' 'superannuation Benefits' 'interest Free Loan' 'costs']
['civil Procedure' 'equity' 'trusts'] ['judgments and Orders' 'consequential Orders' 'form of Orders' 'inquiry Into Benefits' 'trust Over Real Property' 'superannuation Benefits' 'interest Free Loan' 'costs']

Source-derived case record

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Procedural Posture

Consequential Orders / Directions and Form of Orders Following Principal Judgment

Legal Issues

  1. 1 ['Whether a declaration should be made that the defendant holds the subject land on trust for the plaintiff.' 'Whether conveyance of the subject land to the plaintiff should occur before the terms of conveyance, including repayment of any benefit received by the plaintiff, are fixed.' 'What directions should be made for an inquiry into benefits received by the plaintiff from the deceased in the 2006/2007 financial year.' 'Whether costs orders should be made before completion of the inquiry.' "Whether arrangements were needed for the plaintiff's use of the subject land pending any appeal or final orders."]

Ratio Decidendi

The declaration that the defendant holds the subject land on trust for the plaintiff followed from the principal judgment, but conveyance should await assessment of any benefits received by the plaintiff, including from an interest-free loan and possible taxation benefit from superannuation contributions, so directions were made for an expedited inquiry and costs were deferred.

Court Disposition

Declaration made to give effect to the principal judgment and directions made to facilitate the inquiry into superannuation benefits received by the plaintiff.

Orders

  • ['The defendant is to serve a statement of the benefits that the defendant claims that the plaintiff received from the deceased in the 2006/2007 financial year on or before 5pm on 11 November 2011.' 'The defendant is to serve any evidence upon which he relies in support of his contentions as to the benefits received...