Bennett v Bennett [2000] NSWSC 868

Bennett v Bennett [2000] NSWSC 868

The defendant has no right to insist that purchaser pay the proceeds of sale direct to beneficiaries; it is the duty of trustees to collect the estate assets and distribute according to trust after settlement.

Parties
Plaintiff: Reena Maree Bennett; Defendant: Maeva Ann Bennett
Jurisdiction
Australia
Judgment Date
21 August 2000
Procedural Posture
Equity Proceedings / Judgment
Outcome
Orders made in accordance with initialled document; settlement to proceed; defendant to pay plaintiff's costs, not charged against estate.
Legal Topics
Executors' Powers and Duties, Sale of Trust Property, Entitlement to Proceeds, Appointment of Agent, Payment of Purchase Monies
Trusts Succession Law Executors' Powers and Duties Sale of Trust Property Entitlement to Proceeds Appointment of Agent Payment of Purchase Monies

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Parties

Reena Maree Bennett

Plaintiff

Maeva Ann Bennett

Defendant

Procedural Posture

Equity Proceedings / Judgment

Legal Issues

  1. 1 Whether co-executor can insist that purchaser pay net proceeds of sale direct to beneficiaries as a condition of settlement
  2. 2 Whether executors/trustees have power to appoint agent to collect purchase moneys
  3. 3 Trustees' duty regarding collection and distribution of estate assets

Ratio Decidendi

The defendant has no right to insist that purchaser pay the proceeds of sale direct to beneficiaries; it is the duty of trustees to collect the estate assets and distribute according to trust after settlement.

Court Disposition

Orders made in accordance with initialled document; settlement to proceed; defendant to pay plaintiff's costs, not charged against estate.

Orders

  • Orders for signing transfer and handing over title documents to enable settlement.
  • Defendant to pay plaintiff's costs of proceedings, costs not to be charged against estate.