Zizzo v Faulks & Ors [2017] NSWSC 114

Supreme Court New South Wales

Medium Neutral Citation: Zizzo v Faulks & Ors [2017] NSWSC 114 Hearing dates: 14 February 2017 Decision date: 14 February 2017 Jurisdiction: Equity Before: White J Decision: Counsel to bring in short minutes of order in accordance with reasons. Catchwords: EQUITY - trusts and trustees – testamentary trusts – where trustee has lost capacity – trustee a life tenant – attorneys of life tenant under enduring power of attorney seek appointment as new trustees – attorneys also contingent remaindermen – conflict of duty and duty – whether court should appoint a beneficiary as trustee – whether court should appoint a relative as trustee – whether court should appoint a sole trustee – conflict of duty and duty – appointment of NSW Trustee and Guardian as trustee and administrator Legislation Cited: NSW Trustee and Guardian Act 2009 (NSW) Trustee Act 1925 (NSW) Wills, Probate and Administration Act 1898 (NSW) Cases Cited: Hancock v Rinehart [2014] NSWSC 658 Hancock v Rinehart [2015] NSWSC 646 at [124]; (2015) 106 ACSR 207 In re Tempest (1866) LR 1 Ch App 485 Johnstone v Johnstone (1902) 2 SR(NSW) Eq 90; [1902] NSW St Rp 83 Moore v McKelvey (1906) 23 WN (NSW) 100 Texts Cited: Jacobs' Law of Trusts in Australia (8th ed 2016, Butterworths) Category: Procedural and other rulings Parties: Rosemary Zizzo (1st Plaintiff) Nicholas Arena (2nd Plaintiff) John Sarich (3rd Plaintiff) Josephine Faulks (1st Defendant) Charlotte Susanne Arena (2nd Defendant) Roseanne Michelle Murray (3rd Defendant) Peter Arena (4th Defendant) Paul Arena (5th Defendant) Michael Arena (6th Defendant) Norman Sarich (7th Defendant) Joanne Doust (8th Defendant) Henry Charles Ford (9th Defendant) Nicholene White (10th Defendant) Representation: Counsel: T Bors (Plaintiff) G Waugh (2nd-6th; 8th and 9th Defendants)