Jainti Pty Ltd v Fraser Panorama Pty Ltd

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Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Jainti Pty Ltd v Fraser Panorama Pty Ltd [2021] NSWSC 744
Hearing dates: 23 – 26 November 2020
Date of orders: 25 June 2021
Decision date: 25 June 2021
Jurisdiction:Equity
Before: Ward CJ in Eq
Decision:

1.   Order that the sum of $161,160 (plus interest) held in the controlled moneys account of Bird & Bird be paid to Jainti Pty Ltd as trustee for the Zambito Trust.

2.   Reserve the question of costs to be dealt with on the papers if possible.

3.   Direct the parties to file brief written submissions on costs within 14 days, with a view to dealing with the question of costs on the papers if possible, and any submissions on any interest claimed by Jainti for the period from payment of the distribution to Anthony Zamattia and the placement of the moneys in the controlled moneys account.

Catchwords:

EQUITY — Trusts and trustees — Beneficiaries — Wrongful distribution of trust property –– Rule in Saunders v Vautier

Legislation Cited:

Corporations Act 2001 (Cth), ss 436A, 477(2A)-(2B)

Cases Cited:

CPT Custodian Pty Ltd v Commissioner of State Revenue (2005) 224 CLR 98; [2005] HCA 53

Australian Securities and Investments Commission v Rich (2005) 53 ACSR 752; [2005] NSWSC 417

Baden Delvaux & Lecuit v Société Générale pour Favoriser le Développement du Commerce et de l’Industrie en France SA [1993] 1 WLR 509

Barnes v Addy (1874) LR 9 Ch App 244

Beck v Henley (2014) 11 ASTLR 457; [2014] NSWCA 201

Boensch v Pascoe [2019] HCA 49

Brandi v Mingot (1976) 12 ALR 551

Delaforce v Simpson-Cook (2010) 78 NSWLR 483; [2010] NSWCA 84

Giumelli v Giumelli (1999) 196 CLR 1; [1999] HCA 10

Hasler v Singtel Optus Pty Ltd (2014) 87 NSWLR 609; [2014] NSWCA 266

HML v R (2008) 235 CLR 334; [2008] HCA 16

Ho v Powell (2001) 51 NSWLR 572; [2001] NSWCA 168

Jones v Dunkel [1959] HCA 8; (1959) 101 CLR

Kalls Enterprises Pty Ltd (in liq) v Baloglow (2007) 63 ACSR 557; [2007] NSWCA 191

Katsilis v Broken Hill Pty Co Ltd (1977) 18 ALR 181

Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361; [2011] HCA 11

Lucent Technologies Inc v Krone Aktiengesellschaft (No 3) [2000] FCA 100

Macquarie Developments Pty Ltd v Forrester [2005] NSWSC 674

Northampton Borough Council v Cardoza [2019] EWHC 26

Payne v Parker [1976] 1 NSWLR 191

Re Marshall; Marshall v Marshall [1914] 1 Ch 192

RHG Mortgage Ltd v Rosario Ianni [2015] NSWCA 56

Rosebanner Pty Ltd v Energy Australia (2009) 223 FLR 406; [2009] NSWSC 43

Saunders v Vautier (1841) 41 ER 482

Stone v Melrose Cranes & Rigging Pty Ltd (2018) 125 ACSR 406; [2018] FCA 530

Category:Principal judgment
Parties: Jainti Pty Ltd (in liquidation) (Plaintiff)
Fraser Panorama Pty Ltd (First Defendant)
Anthony Zamattia (Second Defendant)
Representation:

Counsel:
Mr H W Somerville (Plaintiff)
Mr M…

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Details
Case
[2021] NSWSC 744
Decision Date

CaseChat Overview and Summary

Jainti Pty Ltd brought a claim against Fraser Panorama Pty Ltd, the trustee of a family trust, alleging that the trustee wrongfully distributed trust property to the beneficiaries. The case was heard by the Supreme Court of New South Wales. The primary issue before the court was whether the distribution of the trust property was in accordance with the terms of the trust deed and if not, whether the beneficiaries could enforce the rule in Saunders v Vautier to compel the trustee to distribute the trust property to them.

The court considered whether the trustee had acted within its powers and whether the beneficiaries had the right to compel the trustee to distribute the trust property. The court noted that the beneficiaries, being adult and of full capacity, have the right to enforce the rule in Saunders v Vautier. The court found that the trustee had acted outside the powers conferred by the trust deed in distributing the trust property to the beneficiaries. The court held that the beneficiaries could compel the trustee to distribute the trust property to them as they were adult and of full capacity.

The court ordered the trustee to distribute the trust property to the beneficiaries. The court also awarded costs to the plaintiff. The decision highlights the importance of trustees acting within the powers conferred by the trust deed and the rights of beneficiaries to enforce the rule in Saunders v Vautier.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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