Chang v Tjiong [2023] NSWSC 823

Supreme Court New South Wales

Medium Neutral Citation: Chang v Tjiong [2023] NSWSC 823 Hearing dates: 11 July 2023 Date of orders: 11 July 2023 Decision date: 11 July 2023 Jurisdiction: Equity Before: Meek J Decision: Notice of motion dismissed Catchwords: ORDERS — Construction of orders — Reasons for Judgment address the question as to whether a trust had been determined by certain payments — Reasons conclude trust not so determined — Specific orders crafted with a view to trustees being appointed and reporting regarding the corpus and income of the trust and any claims for indemnity — Trustees issue interim report with qualifications — Process of issuance of interim report(s) contrary to the regime envisaged by Court's orders and apt to give rise to unwieldy process of disputation — Queries of trustees to be addressed not by issuing interim report but by invoking liberty to apply for the Court's direction prior to issuing of a final report TRUSTS — Report to Court directed to be provided — Interim report provided raising qualifications such as (1) which of differing approaches in identifying corpus and income of trust is appropriate and (2) what assumptions are appropriate — Court orders do not envisage issuance of an interim report but rather for the trustees to seek direction on matters relating to the report prior to production of one final report Cases Cited: Chang v Tjiong [2022] NSWSC 1092 Category: Procedural rulings Parties: Tzer Chin Chang (Plaintiff) Katrina May Lan Tjiong (First Defendant) Timothy Paul Heesh (Second Defendant) Mark Kenneth John Everingham (Third Defendant) Representation: Counsel: D Barlin (Plaintiff / Respondent)