Brebrich as Trustee for S & A Superannuation Fund v Maxpower Mortgage Services Pty Limited; Brebrich as Trustee for S & A Superannuation Fund v Maxpower Mortgage Services Pty Limited [2008] NSWSC 454

New South Wales Supreme Court

CITATION : Brebrich as Trustee for S & A Superannuation Fund v Maxpower Mortgage Services Pty Limited; Brebrich as Trustee for S & A Superannuation Fund v Maxpower Mortgage Services Pty Limited [2008] NSWSC 454

HEARING DATE(S) : 6 May 2008

JUDGMENT DATE : 16 May 2008

JURISDICTION : Equity

JUDGMENT OF : Jagot AJ

CATCHWORDS : TRUST - plaintiffs invested in a unit trust - trust's investments appear to have failed - plaintiffs sought redemption of their units in unit trust and for payment of their entitlements - plaintiffs' evidence did not substantiate declarations and orders sought

LEGISLATION CITED : Corporations Act 2001

CATEGORY : Principal judgment

4668 of 2007 PLAINTIFF Stephen & Anita Brebrich as trustees for S & A Superannuation Fund

DEFENDANT Maxpower Mortgage Services Pty Limited as trustee for the Compounding Unit Trust Number One PARTIES : 5567 of 2007 PLAINTIFF Stephen & Anita Brebrich as Trustees of S & A Superannuation Fund

DEFENDANT Maxpower Mortgage Services Pty Limited

FILE NUMBER(S) : SC 4668 of 2007; 5567 of 2007

SOLICITORS : Mr S Brebrich, in person Mr W Andrews, solicitor

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Jagot AJ

16 May 2008

4668 of 2007 Stephen Brebrich and Anita Brebrich as trustees for S & A Superannuation Fund v Maxpower Mortgage Services Pty Ltd as trustee for the Compounding Unit Trust Number One 5567 of 2007 Stephen Brebrich and Anita Brebrich as trustees for S & A Superannuation Fund v Maxpower Mortgage Services Pty Ltd as trustee for the Compounding Unit Trust Number One JUDGMENT 1 HER HONOUR: These proceedings concern an investment that has not turned out as the plaintiffs hoped.