Chang v Tjiong [2023] NSWSC 823

Chang v Tjiong [2023] NSWSC 823

The Court held that the issuance of an interim report by the trustees was not envisaged by the prior orders, and that any queries or difficulties trustees had with preparing their report should be addressed by invoking the liberty to apply to the Court for directions before any report is delivered.

Jurisdiction
Australia
Judgment Date
11 July 2023
Procedural Posture
Notice of Motion / Interlocutory – Application for Orders Regarding Trust Report and Subpoenas
Outcome
Notice of motion dismissed
Legal Topics
['construction of Court Orders' 'trustee Reporting Obligations' 'application of Procedural Orders' 'court Directions in Trusts']
['equity' 'trusts'] ['construction of Court Orders' 'trustee Reporting Obligations' 'application of Procedural Orders' 'court Directions in Trusts']

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Procedural Posture

Notice of Motion / Interlocutory – Application for Orders Regarding Trust Report and Subpoenas

Legal Issues

  1. 1 ["Whether the issue of an interim report by the trustees was permissible under the Court's orders" 'How queries of the trustees about their reporting obligations should be addressed']

Ratio Decidendi

The Court held that the issuance of an interim report by the trustees was not envisaged by the prior orders, and that any queries or difficulties trustees had with preparing their report should be addressed by invoking the liberty to apply to the Court for directions before any report is delivered.

Court Disposition

Notice of motion dismissed

Orders

  • ['Order that the notice of motion filed by the first defendant on 12 May 2023 is dismissed.' "Order that the costs of and incidental to the notice of motion be the plaintiff's costs in the cause." 'Stand the matter over to Wednesday, 9 August 2023 before the Equity Registrar.' 'Order that the parties have liberty to...