Sinclair v Glatt & Ors

Sinclair v Glatt & Ors

Beneficiaries' objections to deductions from gross receipts fail because they do not allege wilful default or actionable breach of duty, and prior judicial orders and costs assessments preclude further challenge to disbursements and interest; all expenses and interest claimed by the receiver are upheld as properly incurred and judicially determined.

Parties
Applicant: Heath Sinclair; Respondent: Louis Glatt; Respondent: Esther Glatt; Intervener: Leslie Glatt and Rita Glatt (as executors of the estate of Chaja Glatt); Intervener: Leslie Glatt; Intervener: Leslie Glatt, Rita Glatt and Deborah Kestel (as trustees of the Alba Charitable Trust); Intervener: Leslie Glatt and Esther Paz (Glatt) (as trustees of the Louis Glatt Charitable Settlement)
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Receivership/asset Management / Post Receivership, Application for Account and Payment Out of Assets
Outcome
Receiver's application succeeds; beneficiaries' objections dismissed.
Legal Topics
Receivers' Remuneration, Assessment of Costs, Interest on Unpaid Bills, Beneficiaries' Objections, Res Judicata, Wilful Default, Common Account, Disbursements From Gross Receipts
Trusts and Equity Receivership Criminal Asset Recovery Receivers' Remuneration Assessment of Costs Interest on Unpaid Bills Beneficiaries' Objections Res Judicata +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Heath Sinclair

Applicant

Louis Glatt

Respondent

Esther Glatt

Respondent

Leslie Glatt and Rita Glatt (as executors of the estate of Chaja Glatt)

Intervener

Leslie Glatt

Intervener

Leslie Glatt, Rita Glatt and Deborah Kestel (as trustees of the Alba Charitable Trust)

Intervener

Leslie Glatt and Esther Paz (Glatt) (as trustees of the Louis Glatt Charitable Settlement)

Intervener

Procedural Posture

Receivership/asset Management / Post Receivership, Application for Account and Payment Out of Assets

Legal Issues

  1. 1 Whether the receiver's deductions from gross receipts were properly incurred and challengeable in a common account proceeding
  2. 2 Whether beneficiaries' objections required proof of wilful default or breach of duty
  3. 3 Whether previous costs assessments and orders precluded further challenge to disbursements (res judicata)

Ratio Decidendi

Beneficiaries' objections to deductions from gross receipts fail because they do not allege wilful default or actionable breach of duty, and prior judicial orders and costs assessments preclude further challenge to disbursements and interest; all expenses and interest claimed by the receiver are upheld as properly incurred and judicially determined.

Court Disposition

Receiver's application succeeds; beneficiaries' objections dismissed.

Orders

  • Receiver entitled to payment out of all final sums owing relating to the receivership and outstanding costs as assessed.
  • Beneficiaries' application for account dismissed to the extent of objections raised.