Cowan v Lai [2014] NSWSC 1143

Supreme Court New South Wales

Medium Neutral Citation: Cowan v Lai [2014] NSWSC 1143 Hearing dates: 21 August 2014 Decision date: 21 August 2014 Jurisdiction: Equity Division Before: Darke J Decision: The Court advises pursuant to s 63 of the Trustee Act 1925 (NSW) that the defendant would be justified in compromising the proceedings on the terms of settlement embodied in the Short Minutes of Order and the further terms agreed between the parties as referred to in paragraph 22 of the Statement of Facts. Catchwords: EQUITY - trusts and trustees - application for judicial advice pursuant to s 63 of the Trustee Act 1925 (NSW) - judicial advice given to trustee concerning proposed compromise of proceedings Legislation Cited: Minors (Property and Contracts) Act 1970 (NSW) s 50 Succession Act 2006 (NSW) s 41 Trustee Act 1925 (NSW) s 49(1)(d), 63, 81 Uniform Civil Procedure Rules r 7.12(2) Cases Cited: Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar The Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand & Anor [2008] HCA 42; (2008) 237 CLR 66 Category: Principal judgment Parties: Joanne Rebecca Cowan (first plaintiff/first cross-defendant) Crystal Cowan (second plaintiff/second cross-defendant)

Mark Bartholomew Lai (defendant/cross-claimant) Representation: Counsel: D R Pritchard SC (plaintiffs/cross-defendants) D W Rayment (defendant/cross-claimant) Solicitors: Swaab Attorneys (plaintiffs/cross-defendants) Freedman & Gopalan Solicitors (defendant/cross-claimant) File Number(s): 2013/383030 Publication restriction: Nil