Lucchese & Anor as trustee for the Neville Collis Family Trust v Collis & Anor [2005] NSWSC 1337

New South Wales Supreme Court

CITATION : Lucchese & Anor as trustee for the Neville Collis Family Trust v Collis & Anor [2005] NSWSC 1337

HEARING DATE(S) : 13 December 2005

JUDGMENT DATE : 13 December 2005

JURISDICTION : EQUITY DIVISION

JUDGMENT OF : Lloyd AJ

DECISION : 1. The plaintiffs to bring in short minutes of order to give effect to these reasons at 10:00 am tomorrow. 2. The plaintiffs to pay the costs of the first defendant and those costs to be included in the costs which must be paid to the plaintiffs by the second defendant.

CATCHWORDS : TRUST AND TRUSTEES - Trust property - Accounting for trust assets

Domenico Lucchese and Majorie Jean McBurnie as trustee for the Neville Collis Family Trust - Plaintiffs Murray Neville Collis - First Defendant PARTIES : Ian Collis - Second Defendant

FILE NUMBER(S) : SC 6545 of 2004

M W Hadley - Plaintiffs COUNSEL : S B Loughnan - First Defendant N/A - Second Defendant

Cater & Blumer incorporating Maquire & Martin - Plaintiffs SOLICITORS : Commins Hendriks - First Defendant N/A - Second Defendant

LOWER COURT JURISDICTION :

- 6 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Lloyd J

Tuesday, 13 December 2005

6545 of 2004 FRANK DOMENICO LUCCHESE AND MARJORIE JEAN MCBURNIE AS TRUSTEES FOR THE NEVILLE COLLIS FAMILY TRUST v MURRAY NEVILLE COLLIS & ANOR

EXTEMPORE JUDGMENT 1 HIS HONOUR: The plaintiffs are the trustees of the Neville Collis Family Trust, and seek to recover assets of the trust from the defendants, who were at one time trustee/directors of the previous trustee. The first defendant has appeared by his solicitor and counsel and submits to such order as the Court may make, other than an order for costs against him. There is no appearance by the second defendant. I am nevertheless satisfied by evidence that the second defendant is aware of the hearing today.