NSW Caselaw
Reported Decision : 72 NSWLR 605
New South Wales Supreme Court
CITATION : McDONALD v ELLIS [2007] NSWSC 1068 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 05/09/2007
JUDGMENT DATE : 27 September 2007
JURISDICTION : EQUITY
JUDGMENT OF : Bryson AJ at 1
DECISION : (1) Direct pursuant to UCPR10.14 that the Summons be taken to have been served on the first defendant on 11 July 2006 being the date of the second defendant's appearance; (2) Order pursuant to UCPR 7.10 that the second defendant be appointed to represent the persons other than the plaintiff interested in the trusts of the will of the late Harold Wilfred Wills Baker; (3) Order that the second defendant forthwith provide to the plaintiff accounts for the years ended 30 June 1998 to 30 June 2005 of all moneys received and disbursed by him and by the first and second defendants or on behalf of him or them in respect of the assets of the trust established by Will of Harold Wilfred Wills Baker ; (4) Liberty to apply with respect to the production of trust documents and with respect to the claims in the Summons; (5) Order that the second defendant pay the plaintiff's costs of the proceedings.
CATCHWORDS : TRUSTS and TRUSTEES - accounts - entitlement of beneficiaries to accounts and to see trust documents - authority of Schmidt v Rosewood Trust [2003] 2 AC 709 doubted. Trustee resisted beneficiary's claim for accounts and information, asserting confidentiality of income to life tenant - order for accounts.
Avanes v Marshall [2007] NSWSC 191 Cook v Cook (1986) 162 CLR 376 Hartigan Nominees Pty Ltd v Rydge (1992) 29 NSWLR 405 Havyn Pty Ltd v Webster [2005] NSWCA 182 In re Arbitration between Parry and Hopkin [1900] 1 Ch 160 In re Armstrong [1899] SALR 155 In re Dartnall, Sawyer v Goddard [1895] 1 Ch 474 In re Londonderry's Settlement, Peat v Walsh [1965] 1 Ch 918 CASES CITED : In re Tillott, Lee v Wilson [1892] 1 Ch 86 Lehmann v Haskard (SCNSW Young J 29 August 1996 unreported) O'Rourke v Darbishire [1920] AC 581 Randall v Lubrano (SCNSW Holland J 31 October 1975 unreported) Roberts v Roberts (1915) 16 SR NSW 6 Schmidt v Rosewood Trust Ltd [2003] 2 AC 709 Spellson v George (1987) 11 NSWLR 300 Walker v Symonds (1818) 3 Swanston 1, 36 ER 751 Watson v Little (1921) 38 WN NSW 143 Wilkie v Equity Trustees Executors and Agency Co. Ltd [1909] VLR 277
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate