NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Jones v Hirst [2013] NSWSC 163 Hearing dates: 18 February 2013 Decision date: 08 March 2013 Jurisdiction: Equity Division Before: Young AJ Decision: Order made giving judicial advice Catchwords: EQUITY - Trusts and trustees - Applications to court for advice and authority - Petition or summons for advice - Jurisdiction - Trustee Act 1925 s 63 - Discretion to refuse advice - Categories of trustee - Where proceedings against trustees
EQUITY - Trusts and trustees - Applications to court for advice and authority - Petition or summons for advice - Whether appropriate to defend proceedings for removal of trustees - Whether appropriate to defend proceedings using trust funds
EQUITY - Trusts and trustees - Applications to court for advice and authority - Petition or summons for advice - Whether trustees should seek to recover amounts paid to third party beneficiaries allegedly in breach of trust - Basis for recovery - Money had and received - Moneys not paid by mistake - Change of position - Action under doctrine in Re Diplock available only to beneficiaries - Trustees Act 1962 (WA) s 65 inapplicable
EQUITY - Trusts and trustees - Applications to court for advice and authority - Petition or summons for advice - Whether appropriate to settle proceedings with potential beneficiaries within a given range - Whether appropriate to defend proceedings where settlement within a given range unobtainable
EQUITY - Trusts and trustees - Applications to court for advice and authority - Petition or summons for advice - Whether duty to identify other potential beneficiaries - Nature of Creditors' Trust - Position of claimants under Creditors' Trust analogous to that of potential beneficiaries of a discretionary trust - Position of trustees of Creditors' Trust analogous to position of liquidators generally - Duty of liquidator to act honestly and impartially between creditors - Duty of liquidator to inquire into potential claims of which he or she is aware
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