Chow v Chow (No 4) [2017] NSWSC 59

Supreme Court New South Wales

Medium Neutral Citation: Chow v Chow (No 4) [2017] NSWSC 59 Hearing dates: 8 December 2016 Decision date: 10 February 2017 Jurisdiction: Equity Before: Robb J Decision: Parties to consider these reasons with appropriate orders to be determined at a directions hearing Catchwords: EQUITY – Equitable remedies – Accounts and inquiries – Accounting in equity – Orders sought by beneficiaries of testamentary trust that trustees account for legal expenses of trust – Whether beneficiaries acted reasonably – Whether beneficiaries must claim breach of trust to obtain detailed explanation of expenses incurred by trustee – Extent of right of trustee not to disclose reasoning process and reasons for exercising discretionary powers

PRACTICE AND PROCEDURE – Case management – Application for accounting in equity – Where beneficiaries may be entitled to a full accounting – Extent to which court can direct parties to adopt efficient and cost effective means of satisfying right to an accounting Legislation Cited: Supreme Court Rules 1970 (NSW) Pt 78 Uniform Civil Procedure Rules 2005 (NSW) rr 13.4, 46.7, 49.19 Cases Cited: AIT Investment Group Pty Ltd v Markham Property Fund No 2 Pty Ltd [2015] NSWSC 216 Avanes v Marshall (2007) 68 NSWLR 595; [2007] NSWSC 191 Chow v Chow (No 2) [2016] NSWSC 994 Chow v Chow (No 3) [2016] NSWSC 1156 Chow v Chow [2016] NSWSC 908 Deutsch v Trumble [2016] VSC 263 Hartigan Nominees Pty Ltd v Rydge (1992) 29 NSWLR 405 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Procedural and other rulings Parties: Selwyn Sai-Him Chow (first plaintiff) Jacqueline Wai Ying Chow (second plaintiff) Evan Sai-Yiu Chow (third plaintiff) Chow Kwok Chi (fourth plaintiff)