Mendonca v Tonna; Mendonca v Hathway [2023] NSWSC 30

Supreme Court New South Wales

Medium Neutral Citation: Mendonca v Tonna; Mendonca v Hathway [2023] NSWSC 30 Hearing dates: 1 February 2023 Date of orders: 1 February 2023 Decision date: 01 February 2023 Jurisdiction: Equity - Real Property List Before: Hammerschlag CJ in Eq Decision: (1) Order that the following question be determined separately: "Does order 5 made by Darke J on 4 June 2021 finally limit to $20,000 the Trustee's entitlement to charge for services provided by them and disbursements incurred by them pursuant to the appointment made by order 3?" (2) Determine that the answer to the separate question is: "No." (3) Stand the proceedings before the Registrar to 5 April 2023. (4) Direct the Trustees, as soon as practicable but not less than 14 days before 5 April 2023, to provide to the plaintiff and defendants any further documents vouching, invoices or other material upon which the Trustees intend to rely and which, even if the Trustees do not intend to rely on it, are reasonably requested by the plaintiff and defendants to determine their position for the remuneration application. Catchwords: EQUITY — Trusts and trustees — powers, duties, rights and liabilities — remuneration — where order made that trustees be authorised to charge at their usual hourly professional rates subject to the total sum not exceeding $20,000 — where trustees claim remuneration significantly in excess of $20,000 —where other parties contend that the order imposed a binding and invariable cap — separate question ordered — Court may authorise increase in remuneration — duties of trustees to discharge onus — just, fair and reasonable Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Category: Procedural rulings Parties: Proceedings 2021/00115917 Dr Renuka Maria Mendonca (Plaintiff / First Respondent to the Motion) Mark Julian Tonna (First Defendant / Second Respondent to the Motion) Lorraine Mary Tonna (Second Defendant / Third Respondent to the Motion) Stephen Wesley Hathway (First Applicant to the Motion) Philip Raymond Hosking (Second Applicant to the Motion)