Mazzone v James [2009] NSWSC 582

The trustees breached their duty by failing to consult and act in accordance with the wishes of the majority co-owners; therefore, their removal was justified.

Jurisdiction: Australia
Judgment Date: 18 June 2009
Procedural Posture: Application / Ex Tempore Judgment on Removal of Statutory Trustees for Sale
Outcome: Trustees removed; new trustee to be appointed; account to be rendered; costs to be paid by outgoing trustees
Legal Topics: ['statutory Trust for Sale' 'trustee Duties' 'consultation With Beneficiaries' 'removal of Trustees']

['conveyancing' 'equity'] ['statutory Trust for Sale' 'trustee Duties' 'consultation With Beneficiaries' 'removal of Trustees']

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Procedural Posture

Application / Ex Tempore Judgment on Removal of Statutory Trustees for Sale

Legal Issues

1 ['Whether statutory trustees for sale had power to authorise renovations against wishes of majority co-owners' 'Whether trustees breached duty to consult under Conveyancing Act 1919, s 66H' 'Whether removal of trustees was warranted']

Ratio Decidendi

The trustees breached their duty by failing to consult and act in accordance with the wishes of the majority co-owners; therefore, their removal was justified.

Court Disposition

Trustees removed; new trustee to be appointed; account to be rendered; costs to be paid by outgoing trustees

Orders

["Defendants to file Public Trustee's consent to act as statutory trustee for sale by 22 June 2009" 'Upon filing consent, Hakan Kutup and Shane Gollop to be removed as statutory trustees and land to be vested in Public Trustee' 'Hakan Kutup and Shane Gollop to render an account of the statutory trust for sale'...