NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Louise Lewis v Schon Gregory Condon as trustee of the bankrupt estate of Colleen Anne Rayhill (No 2) [2013] NSWSC 126 Hearing dates: 20 February 2013 Decision date: 22 February 2013 Jurisdiction: Equity Division Before: Rein J Decision: 1. Proceedings dismissed on the basis that the plaintiff does not have standing to bring proceedings 2. The parties to be heard on the issue of costs Catchwords: BANKRUPTCY - Property held by trustee in bankruptcy for payment of debts - Dispute as to whether the property falls within the bankrupt's estate
EQUITY - Trust and trustees - Appointment, removal and estate of trustees - Appointor and incapacity to act as Appointor due to bankruptcy
EQUITY - Beneficiaries of a discretionary trust - Standing to bring proceedings against third parties
ESTOPPEL - Res Judicata - Privity
ESTOPPEL - Res Judicata - Estoppel Cases Cited: Carl-Zeiss Stiftung v Rayner & Keeler Ltd (No 2) [1967] 1 AC 853, 910; [1966] 2 All ER 536; [1966] 3 WLR 125; [1967] RPC 497 Cromwell v County of Sac (1876) 94 US 351 McLean v Burns Philip Trustee Co Pty Ltd (1985) 2 NSWLR 623 Re Louis Contini Foundation Trust [2004] NSWSC 881 Spellson v George and Others (1987) 11 NSWLR 300 Texts Cited: Bower, Spencer, Turner and Handley, Res Judicata, 3rd ed (1996) Butterworths
Ford, H.A.J and Lee, W.A., Principles of the Law and Trusts, Thomson Lawbook Co
Heydon, J D and Leeming, M J, Jacobs' Law of Trusts in Australia, 3rd ed, 2006, LexisNexis Butterworths Category: Principal judgment Parties: Louise Lewis (Plaintiff) Mr Schon Gregory Condon as trustee of the bankrupt estate of Colleen Anne Rayhill (First Defendant) The Trustee of Kenthurst Investments Trust Robana Pty Ltd (Second Defendant) Representation: Counsel: Mr Paul Finch (Plaintiff) Mr Don Grieve QC (First Defendant) Solicitors: Mr Bruce Vernon Dennis (Plaintiff) Mr Michael Hayter (First Defendant) File Number(s): 2012/359743
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