Crossman v PILT Nominees [2009] NSWSC 393

New South Wales Supreme Court

CITATION : Crossman v PILT Nominees [2009] NSWSC 393 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 21 and 23 April 2009

JUDGMENT DATE : 23 April 2009

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 23 April 2009

DECISION : Refer to paras 73 and 74 of judgment.

CATCHWORDS : EQUITY - trusts and trustees - proceedings between trustees and beneficiaries or third parties – beneficiary of sub-trust seeks appointment of receiver to property of trustee – defendants propose interim appointment of new independent trustees – balance of convenience favours this course – notice of motion stood over for arrangements to be made - EQUITY - equitable remedies – injunctions – freezing orders sought against the first, second and third – undertakings made by first, second and third defendants to the court – undertakings offered from first and second defendants provide the same protection as freezing orders sought – restraining order made against third defendant - EQUITY - equitable remedies – injunctions – plaintiff seeks order requiring affidavits of discovery –narrower order made subject to the third defendant being entitled to object to making an affidavit on the ground of privilege against self-incrimination or self-exposure to a penalty - EQUITY - equitable remedies – injunctions – mandatory injunction sought that second defendant repay money to first defendant – plaintiff does not point to any loss he will suffer if the relief is not made until final determination – balance of convenience does not favour granting the orders sought

LEGISLATION CITED : Trustee Act 1925 (NSW)