Alexander v Perpetual Trustees WA Limited [2004] HCA 7

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

CHARLES DELIUS SOMERVILLE ALEXANDER

& ORS trading as MINTER ELLISON APPELLANTS

AND

PERPETUAL TRUSTEES WA LIMITED & ANOR RESPONDENTS

Alexander v Perpetual Trustees WA Limited [2004] HCA 7

12 February 2004

S509/2002

ORDER

Appeal dismissed with costs.

On appeal from Supreme Court of New South Wales

Representation:

B J Shaw QC and T M Faulkner for the appellants (instructed by Mallesons Stephen Jaques)

D F Jackson QC with S D Robb QC for the respondents (instructed by Phillips Fox)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Alexander v Perpetual Trustees WA Limited

Contribution – Statutory right of – Trusts – Money received by firm of solicitors from respondent trustees to be held for a specific purpose and in accordance with specific conditions – Misapplication of funds by firm – Breach of trust by firm – Respondent trustees sued by beneficiaries – Firm sued by respondent trustees – Cross-claim by firm against respondent trustees – Whether contribution available – Whether firm liable to beneficiaries for damage – Whether respondent trustees liable to beneficiaries for same damage – Nature of beneficiaries' rights against firm – Proper construction of Wrongs Act 1958 (Vic), Pt IV.

Contribution – Statutory right of – Trade practices – Misleading and deceptive conduct – Money received by firm of solicitors from respondent trustees to be held for a specific purpose and in accordance with specific conditions – Misapplication of funds by firm – Misrepresentations by firm – Respondent trustees sued by beneficiaries – Firm sued by respondent trustees – Cross-claim by firm against respondent trustees – Whether contribution available – Whether firm liable to beneficiaries for damage – Whether respondent trustees liable to beneficiaries for same damage.