Catanese v La Cava [2024] NSWSC 1661

Supreme Court New South Wales

Medium Neutral Citation: Catanese v La Cava [2024] NSWSC 1661 Hearing dates: 28 June 2024 Date of orders: 20 December 2024 Decision date: 20 December 2024 Jurisdiction: Equity Before: Parker J Decision: See [113-114] Catchwords: EQUITY — trusts and trustees — powers, duties, rights and liabilities — trustees appointed for sale of commercial properties pursuant to s 66G of Conveyancing Act 1919 (NSW) — maximum remuneration amount fixed at time of appointment, subject to application for increase — maximum fixed by reference to estimate provided by trustees before appointment — actual fees greatly exceeded estimate - application by trustees for increase to remuneration limit and legal costs of application — trustees were directors of a proprietary company providing accountancy services — remuneration claimed for services provided by employees — whether part of trustees' remuneration or a disbursement — estimate inadequate — application for increase in fees only partially successful — application for legal costs of application refused Legislation Cited: Conveyancing Act 1919 (NSW) Cases Cited: Countess of Bective v Federal Commissioner of Taxation (1932) 47 CLR 417 Shazbot Pty Ltd v Warner Capital Pty Ltd [2018] NSWSC 1645 Warner Capital Pty Ltd v Shazbot Pty Ltd [2020] NSWCA 121 Texts Cited: Nil Category: Procedural rulings Parties: Principal proceedings Marisa Ann La Cava Catanese (First Plaintiff) Stephen Michael La Cava (Second Plaintiff) Vicki Paul Boscov in her capacity as the representative of the estate of Gloria Lucy La Cava (Third Plaintiff) Paul Gerard La Cava (First Defendant) Robyn McCleary (Second Defendant) Vittorio La Cava (by his tutor, NSW Trustee and Guardian) (Third Defendant)