Brown v Brown [1999] NSWSC 604

Brown v Brown [1999] NSWSC 604

Fair market rental value and interest calculations must be based on agreed evidence (Exhibit P and Schedule J), and not solely on affidavit. Trustees accountable for improvements made, liable for actual rental value. Court's slip error allowed correction. Costs order stands with plaintiffs as successful party. Time for appeal extended due to parties having legitimate grounds for reconsideration.

Jurisdiction
Australia
Judgment Date
21 June 1999
Procedural Posture
Equity Proceeding / Post Judgment Variation of Earlier Orders and Accounting
Outcome
Judgment for plaintiffs for $330,167.93; extension of time for appeal; costs to plaintiffs.
Legal Topics
['variation of Orders' 'accounting by Trustees' 'rent Calculation Under Trust' 'costs' 'appeal Extension']
['trusts and Trustees' 'equity'] ['variation of Orders' 'accounting by Trustees' 'rent Calculation Under Trust' 'costs' 'appeal Extension']

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Procedural Posture

Equity Proceeding / Post Judgment Variation of Earlier Orders and Accounting

Legal Issues

  1. 1 ['Proper calculation of fair market rental value for trust property' 'Appropriate calculation of interest due' 'Entitlement to extension of appeal time' 'Liability for costs arising from Inquiry proceedings' 'Appropriate accounting approach for trustees']

Ratio Decidendi

Fair market rental value and interest calculations must be based on agreed evidence (Exhibit P and Schedule J), and not solely on affidavit. Trustees accountable for improvements made, liable for actual rental value. Court's slip error allowed correction. Costs order stands with plaintiffs as successful party. Time for appeal extended due to parties having legitimate grounds for reconsideration.

Court Disposition

Judgment for plaintiffs for $330,167.93; extension of time for appeal; costs to plaintiffs.

Orders

  • ['Order 2 of 29 April 1999 vacated and replaced with judgment for plaintiffs for $330,167.93.' 'Time for application for leave to appeal and to institute appeal extended by 28 days from date of this order.' "Costs of Plaintiffs' Notice of Motion of 27 May 1999 and Defendants' Notice of Motion of 25 May 1999 to be...