30 May 2023
The Official Assignee, having acquired the bankrupt trustees' personal rights to repayment and their attendant right of indemnity under the trust deed and s 81 Trusts Act 2019, is entitled to judgment for the sums recorded in the beneficiary current accounts and to enforce that indemnity as a proprietary equitable charge on trust assets, including by court-ordered sale when necessary.
30 Sept 2020
By consent and on the uncontested materials the Court entered summary judgment for the plaintiff that it is entitled to indemnity from the trust fund for the specified trust debts and for liquidator remuneration and expenses, awarded judgment for the stated sum and interest, declared the trust fund charged, vested specified properties in named trustees, granted leave to seek further remuneration, and adjourned the contested items for hearing.
5 Sept 2012
The Official Assignee, representing the bankrupt as trustee, had the right to recover the acknowledged debt and to be indemnified from and charge the assets of the two trusts to the extent of that debt (plus interest and costs); accordingly judgment for the specified sum, interest and declaratory relief was entered in favour of the plaintiff.