Michael El-Semarani by his tutor Hoda Samarani v Dawoud El Samrani [2020] NSWSC 1724

Supreme Court New South Wales

Medium Neutral Citation: Michael El-Semarani by his tutor Hoda Samarani v Dawoud El Samrani [2020] NSWSC 1724 Hearing dates: 18 September 2020. Final submissions 18 October 2020. Decision date: 02 December 2020 Jurisdiction: Equity Before: Robb J Decision: See pars [287] and [295]. Plaintiff is invited to provide draft short minutes of order that include a calculation of the interest that is to be included in the amount of equitable compensation payable at this stage. Catchwords: EQUITY — Trusts and trustees — Powers, duties, rights and liabilities — Duties — where a trustee received money on trust for two beneficiary children — where the trustee was a self-represented litigant — where an amended summons was sought to be relied on with little notice — where trustee enters into an unauthorised investment — where it is unclear whether the investment was profitable or loss making — where, regardless, the trustee breached their fiduciary duties — where equitable compensation should be ordered — whether simple or compound interest should be ordered — compound interest ordered. Legislation Cited: Trustee Act 1898 (Tas) Cases Cited: Harris v Digital Pulse Pty Ltd [2003] NSWCA 10; (2003) 56 NSWLR 298 Jaeger v Bowden (No 2) [2016] NSWSC 897 Pollock v Hicks [2015] NSWCA 122 Re Wragg [1919] 2 Ch 58 Talacko v Talacko [2009] VSC 579 Texts Cited: J D Heydon and M J Leeming, Jacobs' Law of Trusts in Australia (8th ed, 2016, LexisNexis Butterworths) M Davies, A S Bell and P L G Brereton, Nygh's Conflict of Laws in Australia (9th ed, 2013, LexisNexis Butterworths) Category: Principal judgment Parties: Michael El-Semarani by his tutor Hoda Samarani (plaintiff) Dawoud El Samrani (defendant) Representation: Counsel: P Santucci (plaintiff) D El Samrani (self) (defendant)