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Interlocutory trust dispute over leave to amend, joinder of the children as defendants, and whether claims for unpaid distributions and trustee removal could proceed.
The Court of Appeal dismissed an appeal about trust distributions, holding that post-2011 decisions were excused under s 85 and earlier claims were time-barred.
The Court of Appeal rejected a trust claim over the Chinchilla Property, but held the first-instance costs order miscarried because the money claims were not addressed.
Secretary, Department of Social Services v Hulett [2025] FCA 23
The Federal Court dismissed the Secretary’s appeal, holding that the Tribunal could find a common intention constructive trust based on the daughters’ reliance on the family agreement.
Catanese v La Cava [2024] NSWSC 1661
The court partly increased statutory trustees’ remuneration from $40,000 to $80,000, but refused their application to recover their own legal costs from the trust.
Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 3) [2024] FCA 1171
The Federal Court held Jarvis liable over a fraudulent transfer of unit 16 and found Andrew Hanna liable for half the contract price of unit 21. Claims against Ms Shonoda failed.
Coster v Coster [2024] NSWSC 1104
The Supreme Court of NSW dismissed a claim for a constructive trust and proprietary estoppel over a farming property, finding no binding representations or detrimental reliance.
Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (Trial Judgment) [2024] FCA 766
The Court held that Gold Stone’s loans were unauthorised, imprudent and made for an improper purpose, and that Ms Lin, Mr Cai and Mr Darmali procured the breaches.
Pascoe (in his capacity as administrator of the Estate of the Late Kut Sze Tu and as constructive trustee) [2024] NSWSC 738
The Supreme Court of NSW held that an administrator may seek judicial advice under s 63 of the Trustee Act 1925 (NSW) regarding the defense of breach of trust proceedings.
Sydney Subdivision Pty Ltd (in liq) v Chow (No 3) [2024] FCA 644
The Federal Court joined a successor trustee to proceedings and dismissed an application for summary dismissal of a loan recovery claim, finding an arguable basis regarding limitation periods.
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