Kennett v Charlton [2007] NSWSC 190

Kennett v Charlton [2007] NSWSC 190

The plaintiff is entitled to indemnity costs and indemnity against penalty or interest incurred as a result of tax liabilities because upon payment of the fund into court, he loses the right of exoneration as trustee, and it is the first defendant who stood against payment to the accountants causing this situation.

Jurisdiction
Australia
Judgment Date
02 March 2007
Procedural Posture
Equity / Ex Tempore Judgment Following Interpleader Application
Outcome
Application for interpleader relief granted. Plaintiff to pay moneys into Court, dismissed from proceedings. Indemnity and indemnity costs ordered as specified.
Legal Topics
['interpleader Relief' 'indemnity Against Tax Penalties' 'indemnity Costs']
['procedure' 'trusts and Estates' 'superannuation'] ['interpleader Relief' 'indemnity Against Tax Penalties' 'indemnity Costs']

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

Equity / Ex Tempore Judgment Following Interpleader Application

Legal Issues

  1. 1 ['Whether on payment of a fund into Court the plaintiff should have an indemnity against possible income tax penalties and interest for failure to lodge tax returns' 'Whether the plaintiff should have costs on an indemnity basis']

Ratio Decidendi

The plaintiff is entitled to indemnity costs and indemnity against penalty or interest incurred as a result of tax liabilities because upon payment of the fund into court, he loses the right of exoneration as trustee, and it is the first defendant who stood against payment to the accountants causing this situation.

Court Disposition

Application for interpleader relief granted. Plaintiff to pay moneys into Court, dismissed from proceedings. Indemnity and indemnity costs ordered as specified.

Orders

  • ['Plaintiff to pay moneys into Court after deduction of indemnity costs.' 'Plaintiff dismissed from proceedings.' 'First defendant to indemnify plaintiff against penalty or interest incurred as a result of tax liabilities owed by the second defendant.' 'Defendants to pay indemnity costs forthwith upon assessment or...