Cornelia Ellen Zevering v Lynne Callaghan and Yvonne Shirley Raymont As Trustees of the Outlook Estate Trust

[2012] HCASL 3

CORNELIA ELLEN ZEVERING
v
LYNNE CALLAGHAN AND YVONNE SHIRLEY RAYMONT AS TRUSTEES OF THE OUTLOOK ESTATE TRUST
[2012] HCASL 3
B57/2011

1. The applicant was a trustee of The Outlook Estate Trust, a unit trust.  She applied to the Supreme Court of Queensland for an order allowing her remuneration for the work she had done as trustee beyond the amounts that had been allowed by the unit holders of the trust.  At first instance, Daubney J dismissed the applicant's application.  On appeal to the Court of Appeal of the Supreme Court of Queensland (Fraser and White JJA and Peter Lyons J), the Court of Appeal allowed the applicant's appeal and made orders fixing the amount of remuneration which she was authorised to charge.  The applicant now seeks special leave to appeal to this Court to contend that the Court of Appeal should have assessed the proper remuneration of the applicant in a higher amount.

2. The applicant identifies no arguable error in the reasoning of the Court of Appeal.  The decision of the Court of Appeal turned on the particular facts and circumstances of the case.  No point of general principle would fall for consideration if special leave to appeal were granted.  It is not shown to be in the interests of justice generally, or in this particular case, that there be a grant of special leave.

3. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
9 February 2012 S.M. Crennan