Mary Alice Hughes by her Tutor NSW Trustee & Guardian v Hughes [2011] NSWSC 729

Supreme Court New South Wales

Medium Neutral Citation: Mary Alice Hughes by her Tutor NSW Trustee & Guardian v Hughes [2011] NSWSC 729 Hearing dates: 1 July 2011 Decision date: 01 July 2011 Jurisdiction: Equity Division Before: Gzell J Decision: Declaration that defendant holds $293,510.14 on trust for plaintiff. Order that defendant pay plaintiff $293,510.14. Order that defendant pay plaintiff's costs. Catchwords: CONTRACTS - Particular Parties - Principal and Agent - power of attorney - attorney sells mother's house and fails to account to her for proceeds of sale - power in form of Sch 7 to Conveyancing Act 1919 - unnecessary to decide whether s 163B authorised benefit to attorney - attorney in breach of fiduciary duty under the power PROCEDURE - Failure to appear - Uniform Civil Procedure Rules 2005, Pt 29 r 29.7 - when trial called defendant absent - history of non-action when contacted by solicitors and process servers - informed of hearing - exercise of discretion to proceed with trial Legislation Cited: Uniform Civil Procedure Rules 2005 Conveyancing Act 1919 Powers of Attorney Act 2003 Cases Cited: Re R [2000] NSWSC 886 In re W (Enduring Power of Attorney) [2000] Ch 343 Sweeney v Howard [2007] NSWSC 852 Spina v Conran Associates Pty Ltd; Spina v M & V Endurance Pty Ltd [2008] NSWSC 326 Tobin v Broadbent [1947] HCA 46; (1947) 75 CLR 378 Angelina Spina v Permanent Custodians Limited [2008] NSWSC 561 Rayner & Ors v N J Sheaffe Pty Limited & Ors [2010] NSWSC 810 Category: Principal judgment Parties: Mary Alice Hughes (Plaintiff) Anthony Thomas Hughes (Defendant) Representation: Solicitor Zucker Legal (Plaintiff) File Number(s): 2010/364594