Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Jordan v Goldspring (No 2) [2021] NSWSC 215 Hearing dates: In Chambers – On the papers Date of orders: 11 March 2021 Decision date: 11 March 2021 Jurisdiction: Equity Before: Hallen J Decision: The Court:
1. Orders that the fifth Defendant, Goldspring’s Australia PM Pty Ltd (as the trustee of the Goldsprings Family Trust) and the seventh Defendant, Goldspring Equipment Hire Pty Ltd (as the trustee of the Fred Goldspring and Sons Family Trust) pay 80 per cent of the Plaintiffs’ costs, calculated on the indemnity basis, of the amended Summons filed on 9 September 2019.
2. Orders that the costs to be paid by the fifth and seventh Defendants shall be without recourse to the trust property of which each is a trustee.
3. Makes no order as to costs of each of the other Defendants to the intent that each should bear his, or her, or its, own costs, respectively, of the amended notice of motion without recourse to the trust fund of which each is a trustee or a director of the trustee.
Catchwords: COSTS – Trusts and trustees – Where Plaintiffs did not know whether they were beneficiaries or discretionary objects, or whether they were within a class of beneficiaries or discretionary objects, or whether they had an interest in the property subject to trusts – Court found that Plaintiffs entitled to access to some documents relating to different trusts created during the lifetime of their parents – Basis of quantification of costs - Whether costs of application for disclosure of documents, calculated on the indemnity basis, should be paid – Question raised as to which Defendants should pay the costs – No dispute that at least fifth Defendant and seventh Defendant should pay costs, and that there should be no indemnity provided from the trust property respectively
Legislation Cited: Civil Procedure Act 2005 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Trustee Act 1925 (NSW)
Cases Cited: Baillieu Knight Frank (NSW) Pty Ltd v Ted Manny Real Estate Pty Ltd (1992) 30 NSWLR 359
Bullabidgee Pty Ltd v McCleary (No 2) [2011] NSWCA 343
Colgate-Palmolive Pty Ltd v Cussons (1993) 46 FCR 225; [1993] FCA 801
Commonwealth of Australia v Gretton [2008] NSWCA 117
Drip World Pty Ltd v Dardy Touring Corp (No 2) [2021] NSWSC 74
Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397; [1988] FCA 202
Gray v Richards (No 2) (2014) 315 ALR 1; [2014] HCA 47
Liverpool City Council v Estephan Estephan (Executor and Administrator of the Estate of the late Jocelyn Estephan) [2009] NSWCA 161
Luxmore Pty Ltd v Hydedale Pty Ltd (2008) 20 VR 481; [2008] VSCA 212
Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17
Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11
Preston v Nikolaidis (No 2) [2021] NSWSC 174
Re Beddoe; Downes v Cottam [1893] 1 Ch 547
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- Case
- [2021] NSWSC 215
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the plaintiffs were entitled to access specific documents relating to the different trusts, and if so, on what basis should the costs of the application for disclosure be calculated and paid. The court had to determine the appropriate costs order, considering the indemnity principle and the involvement of multiple defendants, some of whom were trustees of the trusts in question.
In reaching its decision, the court found that the plaintiffs were indeed entitled to access some documents relating to the trusts. The court emphasised the importance of transparency in trust administration and the rights of beneficiaries to understand the trusts in which they might hold an interest. Regarding the costs, the court held that the costs of the application for disclosure should be calculated on the indemnity basis, meaning that the successful party should be reimbursed for the costs incurred in bringing the application. The court also ruled that at least the fifth and seventh defendants should bear the costs of the application, and that there should be no indemnity provided from the trust property.
The final orders of the court directed the fifth and seventh defendants to pay the costs of the application for disclosure of documents, calculated on the indemnity basis. The court's decision highlights the importance of transparency in trust administration and the rights of beneficiaries to seek information about trusts in which they may have an interest.
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