Application of Forwood [2020] NSWSC 1413

Supreme Court New South Wales

Medium Neutral Citation: Application of Forwood [2020] NSWSC 1413 Hearing dates: 9 October 2020 Decision date: 09 October 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: Order that: 1. In the circumstances of this case, as outlined in the affidavits of each of Mr Wayne Cecil Forwood (affirmed 24 June 2020, and affirmed 7 October 2020), of Mr Raymond John Edward Forwood (affirmed on 5 July 2020), and of Ms Bronwyn Daphne Rae (affirmed 1 July 2020), and having taken into account the memorandum of opinion of counsel dated 8 October 2020, it is in order for the net proceeds of sale of the property being Lot 6 in Deposited Plan 235539 in the Parish of Prospect, County of Cumberland, and bearing a Title Reference of 6/235539 (known as 35 Johnson Avenue, Seven Hills), being $530,330.86, be paid in equal shares to each of Raymond John Edward Forwood, Wayne Cecil Forwood and Bronwyn Daphne Rae after the following deductions: (a) Payment of $5,000 to Wayne Cecil Forwood for the cleaning of the property prior to its sale on 6 August 2019; (b) Payment of capital gains tax to the Australian Taxation Office; and (c) Payment of the costs of this application to the Supreme Court. 2. Costs of this application be paid from the net proceeds of sale of the property. Catchwords: EQUITY - Judicial Advice - Application under s 38 of the Powers of Attorney Act 2003 (NSW) Legislation Cited: Powers of Attorney Act 2003 (NSW), s 38 Trustee Act 1925 (NSW), s 85 Cases Cited: Application of Gnitekram Marketing Pty Ltd [2010] NSWSC 1328 C v W (No 2) [2016] NSWSC 945 Chan v Zacharia (1984) 154 CLR 178; [1984] HCA 36 Protective Commissioner v D (2004) 60 NSWLR 513; [2004] NSWCA 216 Re Estate of Late Cho‑Poon [2013] NSWSC 844 Category: Principal judgment Parties: Wayne Cecil Forwood (Plaintiff) No Defendant Representation: Counsel: M Tibbey (Plaintiff)