Batmor Mortgages Pty Ltd v Salvatore Arcuri [2017] NSWSC 84

Supreme Court New South Wales

Medium Neutral Citation: Batmor Mortgages Pty Ltd v Salvatore Arcuri [2017] NSWSC 84 Hearing dates: 8-9 February 2017 Date of orders: 10 February 2017 Decision date: 10 February 2017 Jurisdiction: Equity Before: Rein J Decision: See [18] and [43] Catchwords: TRUST AND TRUSTEES – trust property registered in the name of First Defendant as trustee – whether trustee was validly removed – whether subsequent trustees were validly appointed – whether the trustee provided a "service" to the trust in the administration of the trust by entering into a loan contract with a bank and whether the trustee can, under the trust deed or pursuant to the inherent jurisdiction of the Court, recover a share of the benefit that was thereby produced – whether mortgage debt to another lender had been repaid and hence mortgage relied on by Second Defendant should be discharged Legislation Cited: Crimes Act 1900 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Cases Cited: Vacuum Oil Co Pty Ltd v Wiltshire (1945) 72 CLR 319 Texts Cited: Jacobs' Law of Trusts in Australia, (6th ed, LexisNexis Butterworths) Category: Principal judgment Parties: Batmor Mortgages Pty Ltd (First Plaintiff and First Cross Defendant) Gregory Huxley (Second Plaintiff and Third Cross Defendant) Pace Cassidy Buckley (Third Plaintiff and Second Cross Defendant) Salvatore Arcuri (First Defendant and First Cross Claimant) Bigzy Corp Pty Ltd (Second Defendant) Westpac Banking Corporation (Fifth Cross Defendant) Representation: Counsel: D.L Cook SC (Plaintiffs) B. Kock (Fifth Cross Defendant)