Chow v Chow (No 3) [2016] NSWSC 1156

Chow v Chow (No 3) [2016] NSWSC 1156

The orders requiring points of claim and points of defence are case management directions to identify the real issues efficiently. They require the plaintiffs to identify transactions they challenge after obtaining further information, but do not alter substantive beneficiary rights or transfer to the plaintiffs the burden of proving impropriety; the defendants, as trustees, remain required to justify the transactions.

Jurisdiction
Australia
Judgment Date
19 August 2016
Procedural Posture
Procedural and Other Rulings in Equity Proceedings Concerning Accounts in Probate and a Testamentary Trust / Directions Hearing
Outcome
No order made
Legal Topics
['points of Claim' 'points of Defence' 'passing of Accounts' 'testamentary Trust' 'trustee Accounting' 'wilful Default Basis' 'case Management Directions']
['practice and Procedure' 'equity' 'trusts and Trustees' 'probate'] ['points of Claim' 'points of Defence' 'passing of Accounts' 'testamentary Trust' 'trustee Accounting' 'wilful Default Basis' 'case Management Directions']

Case Brief

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Procedural Posture

Procedural and Other Rulings in Equity Proceedings Concerning Accounts in Probate and a Testamentary Trust / Directions Hearing

Legal Issues

  1. 1 ['What directions should be made for the further preparation of the matter for hearing of the real issues in dispute between the parties.' 'The effect of orders requiring the plaintiffs to serve points of claim and the defendants to serve points of defence.' 'Whether requiring points of claim affects the substantive rights of beneficiaries or shifts the burden of justifying trustee transactions.']

Ratio Decidendi

The orders requiring points of claim and points of defence are case management directions to identify the real issues efficiently. They require the plaintiffs to identify transactions they challenge after obtaining further information, but do not alter substantive beneficiary rights or transfer to the plaintiffs the burden of proving impropriety; the defendants, as trustees, remain required to justify the transactions.

Court Disposition

No order made

Orders

  • ['No order made']