Lowe v Pascoe (No 12) [2021] NSWSC 1576

Supreme Court New South Wales

Medium Neutral Citation: Lowe v Pascoe (No 12) [2021] NSWSC 1576 Hearing dates: 28 October 2021 Date of orders: 8 December 2021 Decision date: 08 December 2021 Jurisdiction: Equity Before: Emmett AJA Decision: See paragraphs [60 and [61] Catchwords: EQUITY – trusts and trustees – administrator's costs – entitlement to indemnification for costs incurred in defence of claim – entitlement to remuneration – where judicial advice given under Trustee Act 1925 s 63 – where administrator actively defended claim against estate heard concurrently with inquiry in partnership proceedings – where defence unsuccessful – costs and expenses reasonably and properly incurred in performance of duties as administrator – administrator entitled to indemnification and remuneration Legislation Cited: Trustee Act 1925 (NSW) Cases Cited: Adelaide Brighton Cement Ltd [2020] FCA 928 Allsop Wilkinson v Neary [1995] 1 All ER 431 Barnes v Addy (1874) LR 9 Ch App 244 Lowe v Pascoe (No 8) [2018] NSWSC 764 Lowe v Pascoe (No 9) [2021] NSWSC 163 Lowe v Pascoe (No 10) [2021] NSWSC 1232 Lowe v Pascoe (No 11) [2021] NSWSC 1375 Pascoe as Administrator of the Estate of Kut Sze Tu [2019] NSWSC 817 Re Beddoe: Downes v Cotton [1893] 1 Chancery 447 Sze Tu v Lowe [2014] 89 NSWLR 317 Williams v Central Bank of Nigeria [2014] AC 1189 Texts Cited: Nil Category: Costs Parties: Proceedings 2005/262284 Geoffrey Alan Lowe (First Plaintiff) Mary Lowe (Second Plaintiff) Scott Pascoe as Trustee of the Estate of the late Kut Sze Tu (First Defendant) Margaret Sze Tu (Second Defendant) Helen Sze Tu (Third Defendant) Janet McNamara (Fourth Defendant) Shiu Shing (Sunly) (Fifth Defendant) Shie How (Gordon) Sze Tu (Sixth Defendant) Shiu Shing (Sunly) Sze Tu as Administrator of the Estate of the late FC Chow (Seventh Defendant)