Worthington bht Worthington v Hallissy [2022] NSWSC 753

Supreme Court New South Wales

Medium Neutral Citation: Worthington bht Worthington v Hallissy [2022] NSWSC 753 Hearing dates: 6 – 7 June 2022 Date of orders: 8 June 2022 Decision date: 08 June 2022 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. Declare that the Second and Third Defendants held 50% of the proceeds of sale of xxxxx, being $1,041,122.24, on trust for the Second Plaintiff. 2. Declare that the Second and Third Defendants are in breach of the trust declared in order 1. 3. Order that the Second and Third Defendants pay $1,041,122.24 as equitable compensation to the Second Plaintiff within 14 days. 4. Give liberty to apply by email to my Associate on 3 days' notice. 5. Stand the proceedings stood over to 6 September 2022 at 9.30 am for directions. 6. Direct the parties to confer and file proposed costs orders within 14 days, together with short written submissions, in the event of any disagreement. Catchwords: EQUITY — Trusts and trustees — whether daughter and son-in-law held proceeds of property sale on trust for father/father-in-law — whether daughter and son-in-law were in breach of trustee obligations and duties — breaches of trust established — equitable compensation ordered CIVIL PROCEDURE — where settlement of proceedings is commenced on behalf of a person under legal incapacity — s 76 Civil Procedure Act 2005 (NSW) — where agreement requires the approval of the court — approval granted CIVIL PROCEDURE — Appearance — where leave to withdraw a submitting appearance is belatedly sought — Uniform Civil Procedure Rules 2005 (NSW) — trial by ambush or surprise may result — leave refused Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 58, 76 Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) rr 6.11, 12.5, 42.1 Cases Cited: Associated Alloys Pty Ltd v ACN 001 452 106 Pty Ltd (in liq) (2000) 202 CLR 588; [2000] HCA 25 Evergreen Tours Pty Ltd v McLaren [2010] NSWSC 1362 Garsec v His Majesty The Sultan of Brunei [2007] NSWSC 882 Somportex Limited v Philadelphia Chewing Gum Corporation [1968] 3 All ER 26 Category: Principal judgment Parties: Patricia Mary Worthington bht Stuart Worthington (First Plaintiff) Leslie Bruce Worthington (Second Plaintiff) Carolyn Anne Hallissy (First Defendant) Jennifer-Kym Jenner (Second Defendant) Karl Jenner (Third Defendant) Rams Financial Group Pty Ltd (Fourth Defendant) Representation: Counsel: J Young (Plaintiffs) A Lim (Plaintiffs)