Willis v Willis [2016] NSWSC 1546

Supreme Court New South Wales

Medium Neutral Citation: Willis v Willis [2016] NSWSC 1546 Hearing dates: 31 October 2016 Date of orders: 31 October 2016 Decision date: 01 November 2016 Jurisdiction: Equity Before: Stevenson J Decision: Trustee removed; new trustee appointed Catchwords: TRUSTS AND TRUSTEES – trust established for benefit of defendant trustee's daughters with proceeds of medical negligence proceedings arising from injuries suffered by one daughter in infancy – evidence that trustee has misappropriated trust property and otherwise not acted in the interests of the beneficiaries – whether trustee should be removed – whether new corporate trustee should be appointed Legislation Cited: Trustee Act 1925 (NSW) Cases Cited: Miller v Cameron (1936) 54 CLR 572 Texts Cited: P Young, C Croft and M Smith, On Equity, (2009, Lawbook Company) J D Heydon and M J Leeming, Jacob's Law of Trusts in Australia, (8th ed 2016, LexisNexis Butterworths) Category: Principal judgment Parties: Grace Elizabeth Willis (First Plaintiff) Jeannette Cotterill (Second Plaintiff) Kylie Sharee Willis (First Defendant) Bendigo and Adelaide Bank Limited (Second Defendant) Nicholas Paul Christian Driver as interim trustee for the Grace Elizabeth Willis Trust and Skye Alexandria Willis Trust (Third Defendant) Matthew Jason Hogg as interim trustee for the Grace Elizabeth Willis Trust and Skye Alexandria Willis Trust (Fourth Defendant) Grace & Skye Willis Company Pty Ltd (Fifth Defendant) Representation: Counsel: W Terracini SC (First and Second Plaintiffs) M Hogg (Third, Fourth and Fifth Defendants)