Catanese v La Cava [2024] NSWSC 1661

Catanese v La Cava [2024] NSWSC 1661

The cap on the Trustees' charges is increased from $40,000 to $80,000 (excluding GST), with fees apportioned as personal remuneration for the Trustees and as disbursements for work performed by William Buck (NSW) Pty Ltd. The application for the Trustees to recover their legal costs of the application from the trust is refused.

Parties
Applicant: Sean Magnus Wengel; Applicant: Michael Craig Brereton; Respondent: Marisa Ann La Cava Catanese; Respondent: Stephen Michael La Cava; Respondent: Vicki Paul Boscov (as representative of the estate of Gloria Lucy La Cava); Respondent: Sandra Maria Casey; Respondent: Paul Gerard La Cava; Respondent: Robyn McCleary; Respondent: Vittorio La Cava (by his tutor, NSW Trustee and Guardian)
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Notice of Motion in Equity (trusts) Proceedings / Interlocutory Application for Variation of Trustees' Remuneration Cap and Costs Orders
Outcome
Application to increase trustees' remuneration partially granted; application for trustees' costs dismissed; costs of opposing respondent to be paid out of the fund.
Legal Topics
Remuneration of Trustees, Statutory Trustees for Sale, Section 66 G Applications, Approval of Professional Costs, Trustee Duties and Liabilities
Equity Trusts and Trustees Remuneration of Trustees Statutory Trustees for Sale Section 66 G Applications Approval of Professional Costs Trustee Duties and Liabilities

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Parties

Sean Magnus Wengel

Applicant

Michael Craig Brereton

Applicant

Marisa Ann La Cava Catanese

Respondent

Stephen Michael La Cava

Respondent

Vicki Paul Boscov (as representative of the estate of Gloria Lucy La Cava)

Respondent

Sandra Maria Casey

Respondent

Paul Gerard La Cava

Respondent

Robyn McCleary

Respondent

Vittorio La Cava (by his tutor, NSW Trustee and Guardian)

Respondent

Procedural Posture

Notice of Motion in Equity (trusts) Proceedings / Interlocutory Application for Variation of Trustees' Remuneration Cap and Costs Orders

Legal Issues

  1. 1 Whether the cap on trustees' remuneration set by prior order should be increased
  2. 2 Whether fees for services performed by staff of William Buck (NSW) Pty Ltd are recoverable by the trustees as remuneration or only as disbursement
  3. 3 Whether the trustees are entitled to the legal costs of the present application from the trust

Ratio Decidendi

The cap on the Trustees' charges is increased from $40,000 to $80,000 (excluding GST), with fees apportioned as personal remuneration for the Trustees and as disbursements for work performed by William Buck (NSW) Pty Ltd. The application for the Trustees to recover their legal costs of the application from the trust is refused.

Court Disposition

Application to increase trustees' remuneration partially granted; application for trustees' costs dismissed; costs of opposing respondent to be paid out of the fund.

Orders

  • Order 4(b)(vi) of Peden J's 19 May 2023 orders amended so Trustees' charges capped at $80,000.00 (excl. GST).
  • Trustees' charges to be split between personal remuneration ($14,282.80 paid and $14,282.80 to be paid) and WBNSW disbursements ($25,717.20 paid and $25,717.20 to be paid, the latter to include $10,370 for Tax Team).