Woodward v Woodward [2015] NSWSC 1793

Supreme Court New South Wales

Medium Neutral Citation: Woodward v Woodward [2015] NSWSC 1793 Hearing dates: 6 October 2015 Decision date: 03 December 2015 Jurisdiction: Equity Before: White J Decision: Refer to para [88] of judgment Catchwords: WILLS, PROBATE AND ADMINISTRATION – EQUITABLE REMEDIES – account – financial managers – whether deceased's financial manager is liable to account to the executor of the deceased's estate – where the NSW Trustee and Guardian had directed the financial manager pursuant to the NSW Trustee and Guardian Act 2009 (NSW) to keep records of payments – where the financial manager had used the deceased's assets to make up a 'purse' for himself – held, distinguishing Countess of Bective v Federal Commissioner of Taxation (1932) 47 CLR 417, that the financial manager is liable to account Legislation Cited: Civil Procedure Act 2005 (NSW) Guardianship Act 1987 (NSW) NSW Trustee & Guardian Act 2009 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: Brown v Smith (1878) 10 Ch D 377 Brown v Smith (1878) 10 Ch D 377 Countess of Bective v Federal Commissioner of Taxation (1932) 47 CLR 417 Crossingham v Crossingham [2012] NSWSC 95 Doss v Doss (1843) 3 Moo Ind App 175; 18 ER 464 Jodrell v Jodrell (1851) 14 Beav 397; 51 ER 339 Mulherin v Quinn Villages Pty Ltd [2007] QSC 231 Texts Cited: Australian Oxford Dictionary, 2nd ed J D Heydon, M J Leeming and P G Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies, 5th ed (2015), Chatswood, LexisNexis Butterworths Category: Principal judgment Parties: Stephen James Woodward (Plaintiff) Tyrone Ronald Woodward (1st Defendant) Sharon Woodward (2nd Defendant) Trevor William Woodward (3rd Defendant) Representation: Counsel: R Winfield (Plaintiff) In Person (1st and 2nd Defendants)