Morrison v Lainson [2006] NSWSC 1347

New South Wales Supreme Court

CITATION : Morrison v Lainson [2006] NSWSC 1347

HEARING DATE(S) : 1 December 2006 JUDGMENT OF : Biscoe AJ

EX TEMPORE JUDGMENT DATE : 12/01/2006

DECISION : Proceeds of sale of land to be distributed to beneficiaries in accordance with their interests.

CATCHWORDS : Trusts - trustees for sale of land under s 66G Conveyancing Act 1919 - Trustees' entitlement to be indemnified out of trust estate - burden to fall upon beneficiaries equitably having regard to circumstances under which costs, charges and expenses incurred

CASES CITED : Melic Pty Ltd v Lainson [2006] NSW Conv R 56-139 National Trustees Executors and Agency Co of Australasia Ltd v Barnes (1941) 64 CLR 268

PARTIES : Stanley Arthur Morrison and Ron Dean-Willcocks (Plaintiffs) Charles William Milton Lainson and Douglas Roy Lainson (Defendants)

FILE NUMBER(S) : SC 5505/05

Mr J Whyte (Plaintiff) COUNSEL : Mr M Boulton (First Defendant) Mr M Howling (Second Defendant)

Solari Legal (Plaintiff) SOLICITORS : Brock Partners (First Defendant) Gibson Howlin Lawyers (Second Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BISCOE AJ

1 December 2006

5505/05 STANLEY ARTHUR MORRISON AND RON DEAN-WILLCOCKS v CHARLES WILLIAM MILTON LAINSON AND DOUGLAS ROY LAINSON EX TEMPORE JUDGMENT 1 HIS HONOUR: The plaintiffs were appointed trustees for sale of certain land under s 66G of the Conveyancing Act 1919 in proceedings 2129 of 2004. In these proceedings they seek a declaration and orders as to how the proceeds of sale should be distributed.

BACKGROUND 2 The defendants are Charles Lainson, who has a three-eighths interest in the land and Douglas Lainson, who also has a three-eighths interest. The remaining one quarter is owned by the estate of the late Nora Lainson. Charles is the executor of her estate.