Broom v Webster [2015] NSWSC 1128

Supreme Court New South Wales

Medium Neutral Citation: Broom v Webster [2015] NSWSC 1128 Hearing dates: 1 and 9 April 2015 Date of orders: 12 August 2015 Decision date: 12 August 2015 Jurisdiction: Common Law Before: Lindsay J Decision: Subject to submissions as to form of orders and costs:

1. Declaration that the plaintiff, the first defendant and the third defendant hold land at Penrith and Camden on trust for the plaintiff and the first defendant arising out of their beneficial entitlements as residuary beneficiaries in the estate of their late father, subject to the plaintiff's right of residence in one of the three parcels of land at Penrith.

2. Declaration that neither the first defendant nor the fourth defendant has any right, title or interest in the two remaining parcels of land at Penrith (occupied by them as husband and wife) separate from the first defendant's interest in the trust.

3. Orders for the removal of the plaintiff, the first defendant and the third defendant as trustees of the trust and, with the consent of the parties, for the appointment of an independent trustee (solicitor for the deceased estate) in their stead, with an entitlement to remuneration.

4. Orders for the first defendant and the fourth defendant to deliver up to the new trustee vacant possession of the parcels of land at Penrith occupied by them.

5. Orders for an orderly sale of all trust property, and for distribution of the proceeds of sale to the plaintiff and the first defendant, as soon as may be practicable, subject to accounts being taken.

6. Ancillary orders, and reservation of liberty to apply, regarding: (a) an accounting for dealings with trust property by the plaintiff, the first defendant and the third defendant. (b) an allowance by the first defendant, by way of equitable compensation for the restoration of trust property, for his occupation of trust land at Penrith to the exclusion of the plaintiff.