Rovere v Rovere [2023] NSWSC 1410

Supreme Court New South Wales

Medium Neutral Citation: Rovere v Rovere [2023] NSWSC 1410 Hearing dates: 4 October 2023 Date of orders: 21 November 2023 Decision date: 21 November 2023 Jurisdiction: Equity Before: Slattery J Decision: Trustees' remuneration approved. Order that the costs of the contest in relation to the trustees' remuneration may be deducted from the share of the proceeds of sale of the defendant who was the only beneficiary disputing their costs. Trustees discharged from their duties as trustees for sale. a Catchwords: LAND LAW — Co-ownership — Statutory trust for sale — Appointment of trustees – remuneration of trustees – approval of remuneration of trustees – dispute between three registered proprietors as tenants-in-common of certain real estate – trustees for sale appointed for the sale of the property – one of the three co-tenants, the defendant, disagrees with the approval of the trustees' remuneration – the defendant alleges various charges were improperly incurred by the trustees – the defendant further alleges that the trustees failed properly to undertake their task – whether the trustees' remuneration was reasonable and should be approved, and if approved, whether it should be charged against the defendant's share of the proceeds of sale. Legislation Cited: Civil Procedure Act 2005, Part 6. Conveyancing Act 1919, s 66G Legal Profession Uniform Law 2014, ss 171,198 Trustee Act 1925, s 41 Cases Cited: Anson v Anson [2004] NSWSC 766 Chadwick v Heatley (1845) 2 Coll137 In re Allen (1889) WN 132 In re Beddoe; Downes v Cottam [1893] 1 Ch 547 National Trustees Executors and Agency Co-of Australasia Limited v Barnes (1941) 64 CLR 268 Perpetual Trustee Co Ltd v Attorney General (NSW) [2018] NSWSC 1456 Category: Consequential orders Parties: Applicants: David Kerr and Tim Gumbleton as trustees for sale of the land contained in [address not published], Coffs Harbour NSW Respondent: Paul Anthony Rovere Representation: Counsel: Applicants: J. Foley