Hargrave v Schumann & Anor [2010] NSWSC 1415

New South Wales Supreme Court

CITATION : Hargrave v Schumann & Anor [2010] NSWSC 1415

HEARING DATE(S) : 26 November 2010 JURISDICTION :

JUDGMENT OF : Ball J

EX TEMPORE JUDGMENT DATE : 26 November 2010

The Court orders that: 1. Order 4 made 5 November 2010 be varied by: a. vacating it in its current form; and b. Substituting the following order: "Until further order the net proceeds of sale (as defined in Order 1 of the orders dated 5 November 2010) shall be paid into the Trust Account of Stuart Cook & Braham and from the amount then in the trust account of Stuart Cook & Braham, the second defendant, as trustee, may pay to the first defendant as a beneficiary under the Nasrat Family Trust: DECISION : (i) $2,000 representing the first defendants stipend for November 2010 as soon as practicable; (ii) $2,000 representing the first defendants stipend for December 2010 as soon as practicable; (iii) $2,000 on or about the first business day of every month thereafter; (iv) $60,000 to the first defendants legal representatives upon presentation of tax invoices from time to time as soon as practicable; (v) With the balance (less the sum on $18,000) then to be paid into an interest bearing deposit at the sole discretion of Rober Hardinge Braham, Solicitor at Tenterfield." 2. The defendants costs of the notice of motion dated 4 November 2010 be the defendants costs in the cause,

CATCHWORDS : EQUITY – trusts – where litigation is on foot concerning proceeds of sale of trust property – whether appropriate to grant order permitting trustee to make distributions to defendant for living expenses and legal costs