Guo v HD International Pty Ltd [2024] NSWSC 1283

Supreme Court New South Wales

Medium Neutral Citation: Guo v HD International Pty Ltd [2024] NSWSC 1283 Hearing dates: 4 September 2024 Date of orders: 14 October 2024 Decision date: 14 October 2024 Jurisdiction: Equity - Expedition List Before: Rees J Decision: Orders made for replacement of trustee and vesting. Catchwords: EQUITY – trusts and trustees – beneficiary seeks order for removal of deadlocked corporate trustee – where trustee has ignored repeated requests for information and access to trust documents – where there is a risk of trustee not prosecuting causes of action worth $26.9 million on beneficiary's behalf before becoming statute-barred – replacement of a trustee, principles at [57]–[60]. TRUSTS – vesting orders where new trustee is appointed – Trustee Act 1925 (NSW) s 71(1) – principles at [68]-[71]. Legislation Cited: Trustee Act 1925 (NSW), ss 70, 71, 78 Cases Cited: Aspinall v Aqua Sports Pty Ltd (2018) 57 Fam LR 594; [2018] NSWSC 706 Bloomingdale Holdings Pty Ltd v 87 Stevedore Street Pty Ltd (in its own capacity and as trustee of the Stevedore Street Development Unit Trust) (2010) 6 ASTLR 271 Cordes as Trustee for George v Dr Peter Ironside Pty Ltd [2010] 2 Qd R 235; [2009] QCA 302 Cowan v Scargill [1984] 2 All ER 750 Crowle Foundation v NSW Trustee & Guardian [2010] NSWSC 647 Deputy Commissioner of Taxation v Huang (No 4) [2022] FCA 618 Deputy Commissioner of Taxation v Huang [2019] FCA 1537 Dulhunty v Dulthunty [2010] NSWSC 1465 Gleeson v J Wippell & Co [1977] 1 WLR 510 Hancock v Rinehart (2015) 106 ACSR 207 Hospital Products Ltd v United States Surgical Corp (1984) 156 CLR 41 Miller v Cameron (1936) 54 CLR 572 Re Beechworth Land Estates Pty Ltd (in liq) and Griffıth Estates Pty Ltd (in liq) [2018] NSWSC 1703 Sir Moses Montefiore Jewish Home v Perpetual Company Ltd & Anor [2012] NSWSC 210 United States Surgical Corporation v Hospital Products International Pty Ltd [1983] 2 NSWLR 157 Texts Cited: JD Heydon & MJ Leeming, Jacobs' Law of Trusts in Australia (8th ed, 2016, Lexis Nexis) Category: Principal judgment Parties: Wencheng Guo (First Plaintiff) Huidong Guo (Second Plaintiff) HD International Pty Ltd (Defendant) Changran Huang (First Interested Party) Jiquan Huang (Second Interested Party) Representation: Counsel: DJ Delany (Plaintiffs) N Li (First Interested party) F Corsaro SC / J Doyle (Second Interested Party)