Hallani v Hallani [2013] NSWSC 91

Supreme Court New South Wales

Medium Neutral Citation: Hallani v Hallani [2013] NSWSC 91 Hearing dates: 11, 12, 13, 14.02.2013 Decision date: 14 February 2013 Jurisdiction: Equity Division Before: Lindsay J Decision: Determination that (subject to consideration of whether he should be granted relief pursuant to s 85 of the Trustee Act 1925 NSW the defendant is personally liable to account for estate moneys he caused to be transmitted to Lebanon in breach of his obligations as administrator of a deceased estate Catchwords: EQUITY - trusts and trustees - powers, duties, rights and liabilities of trustees - Defendant, an administrator of an intestate estate, was obliged to preserve the estate for the benefit of the deceased's widow and sons - Plaintiff-widow purportedly granted powers of attorney to the defendant to administer the deceased's estate - Defendant, without notice to the plaintiff, transmitted estate funds to Lebanon in the names of the deceased's sons in the practical control of their grandfather - Whether the powers of attorney were validly granted - Whether the terms of the powers of attorney authorised the defendant to transmit the disputed funds beyond the practical reach of the plaintiff and any representative of the deceased's estate. Legislation Cited: Probate and Administration Act 1898 NSW Trustee Act 1925 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: Re Dawson (deceased) [1966] 2 NSWR 211; 84 WN (Pt1) (NSW) 399 Maguire v Makaronis (1997) 188 CLR 449 at 469 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Silovi Pty Ltd v Barbaro (1988) 13 NSWLR 466 at 472 Austotel Pty Ltd v Franklins Selfserve Pty Ltd (1989) 16 NSWLR 582 at 604 and 610-612 Delaforce v Simpson-Cook (2010) 78 NSWLR 483 Geoffrey W Hill & Associates (Insurance Brokers) Pty Ltd v Squash Centre (Allawah North) Pty Ltd (1990) 6; ANZ Insurance Cases 61-012 Vickery v JJP Custodians Pty Ltd [2002] NSWSC 782; 11 BPR [97976] at [15]-[19] R v Holt (1983) 12 A Crim R 1 at 14 Jones v Dunkel (1959) 101 CLR 298 at 320-322 Livingstone v Commissioner of Stamp Duties (1960) 107 CLR 411 Angelina Spina v Permanent Custodians Ltd [2008] NSWSC 561; 13 BPR [98316] at [113]-[120] Saleh v Romanous (2010) 79 NSWLR 453 Hungerfords v Walker (1989) 171 CLR 125 at 148 The Commonwealth v SCI Operations Pty Ltd (1998) 192 CLR 285 at 316-317 [74]-[75] Youyang Pty Ltd v Minter Ellison Morris Fletcher (2003) 212 CLR 484 Texts Cited: GE Dal Pont, Law of Agency (Lexis Nexis, Australia, 2nd ed, 2008), paras [25.38] and [26.9]-[26.10]. Category: Principal judgment Parties: Lana Hallani (Plaintiff) Fadi Hallani (Defendant) Representation: S Brennan and I King (instructed by Morgan Ardino & Co Solicitors) F Hallini (Defendant in person) Morgan Ardino & Co (Plaintiff) File Number(s): 2011 / 00220787