Chang v Tjiong [2022] NSWSC 1092

Supreme Court New South Wales

Medium Neutral Citation: Chang v Tjiong [2022] NSWSC 1092 Hearing dates: 29 November 2021, 9 and 16 March 2022 Date of orders: 16 August 2022 Decision date: 16 August 2022 Jurisdiction: Equity Before: Henry J Decision: Declarations and orders made in relation to the Burwood Trust, including to appoint independent trustees: see [141] Catchwords: EQUITY — Trusts and trustees — Trust powers — Powers of appointment — Application for appointment of independent trustees — Whether trust was determined by payments by trustee to person who was an object of a discretionary trust — Where payments made from an account in which trust funds were mixed with personal funds — Whether payment made in breach of trust — Where trustee died and administrator of his estate is an object of the discretionary trust Legislation Cited: Civil Procedure Act 2005 (NSW) Trustee Act 1925 (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Associated Alloys Pty Ltd v ACN 001 452 106 Pty Ltd (2000) 202 CLR 588; [2000] HCA 25 Australian Receivables Ltd v Tekitu Pty Ltd (Subject to Deed of Company Arrangement) (Deed Administrators Appointed) & ors [2011] NSWSC 1306 Ballenden v Bryant (No 1) [2012] NSWSC 1471 Chang v Tjiong & Ors [2009] NSWSC 122 Gibson v G & A Cork Memorial Company Ltd [2021] NSWSC 945 In the matter of Austec Wagga Wagga Pty Limited (in liquidation) [2018] NSWSC 1476 James Roscoe (Bolton) Limited v Winder [1915] 1 Ch 62 Laycock v Registrar General of New South Wales [2012] NSWSC 248 Re Global Finance Group Pty Ltd [2002] WASC 63 Re Hallett's Estate; Knatchbull v Hallett (1880) 13 Ch D 696 Tjiong & Anor v Tjiong [2010] NSWSC 578 Tjiong v Tjiong [2012] NSWCA 201 Tjiong v Tjiong [2021] NSWSC 1389 Watson v Foxman (1995) 49 NSWLR 315 Texts Cited: HAJ Ford and WA Lee, The Law of Trusts (4th ed, Thomson Reuters, loose-leaf) J D Heydon and M J Leeming, Jacobs' Law of Trusts in Australia (8th ed, 2016, LexisNexis) Category: Principal judgment Parties: Tzer Chin Chang (Plaintiff/Cross-Defendant) Katrina May Lan Tjiong (Defendant/Cross-Claimant) Representation: Counsel: D Barlin with T Harris-Roxas (Plaintiff/Cross-Defendant) M B Evans (Defendant/Cross-Claimant)