Fuller & Anor and Sadler & Anor

The applicants, acting as Court Receivers, sought approval of their remuneration and expenses, and a declaration of indemnity and charge over certain trust assets. The respondents were the husband and wife, whose assets were subject to the receivership. The matter came before Cleary J.

The primary legal issues before the Court were whether the applicants were entitled to be indemnified from the assets of the Sadler Family Trust, the I Superannuation Fund, and the H Trust for their remuneration, expenses, and legal costs incurred as Court Receivers. Additionally, the Court was asked to determine if the applicants had a charge over these trust assets as security for such payments and for the costs of the application.

Cleary J approved the applicants' remuneration in the sum of $30,725.30 and their expenses and legal costs, with specific dates for the assessment of legal costs. The Court declared that the applicants were entitled to be indemnified from the assets of the Trusts for their remuneration, expenses, and costs. Furthermore, the Court declared that the applicants held a charge over the assets of the Trusts as security for these amounts, as well as the costs of the application and the enforcement of their indemnity rights. The application filed by the applicants and the responses filed by the husband and wife were otherwise dismissed.