| Alexander v Perpetual Trustee Company Ltd (NSWSC) - judicial advice - trusts and trustees - ‘the interpretation of the trust instrument’ - judicial advice granted |
| PCL Holdings Pty Ltd v Kassem (NSWSC) - receivers and managers’ fees - fees capped by deed of appointment - judgment for plaintiff |
| Ward v Smart So Hoe Pty Ltd (VSC) - real property - possession - plaintiff entitled to order for possession and payment of debt based on mortgage - judgment for plaintiff |
| Summaries With Link (Five Minute Read) |
Alexander v Perpetual Trustee Company Ltd [2015] NSWSC 1815
Supreme Court of New South Wales
Pembroke J
Judicial advice - trusts and trustees - trustees sought advice concerning ‘the interpretation of the trust instrument’ question was whether the trustees ‘would be justified’ in acting in accordance with senior counsel’s advice - principal question in proceedings involved disputed issue of construction of affecting beneficiaries’ rights - held: there was utility in giving judicial advice - interests of justice would be not be served if Court refrained from giving advice because minds had differed on question of construction - Court not required to resolve question of construction - judicial advice granted.
Alexander
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PCL Holdings Pty Ltd v Kassem [2015] NSWSC 1823
Supreme Court of New South Wales
Young AJA
Receivers and managers’ fees - construction of deed of appointment - plaintiff company appointed defendant accountants as receivers and managers of debtor company sought declaration as to fees due to receivers and managers - accountants sought full fees and expenses both against company as appointor and two companies over which they were appointed - primary question concerned amout to which receivers and managers were entitled - held: receivers and managers’ fees capped by deed of appointment - fees limited to $20 000 - defendants’ claim for equitable lien or charge failed - plaintiff succeeded.
PCL
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Ward v Smart So Hoe Pty Ltd [2015] VSC 691
Supreme Court of Victoria
Ierodiaconou AsJ
Real property - possession - plaintiff advanced sum to first defendant under loan agreement with obligations guaranteed by second defendant - second defendant mortgaged property to to plaintiff as collateral - first defendant fell into arrears - plaintiff issued notice of default under s76 Transfer of Land Act 1958 (Vic) - plaintiff sought possession of property and judgment for mortgage debt - second defendant counterclaimed for redemption - ss77 & 78 - held: default notice on balance invalid with result it was insufficient to accelerate payment of loan - there had not been redemption - preconditions of s78(1) met - plaintiff entitled to possession - plaintiff entitled to payment of debt based on mortgage - judgment for plaintiff.
Ward
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