Supreme Court
New South Wales
Medium Neutral Citation: Louise Lewis v Schon Gregory Condon as trustee of the bankrupt estate of Colleen Anne Rayhill [2013] NSWSC 120 Hearing dates: 1 February 2013 Decision date: 13 February 2013 Jurisdiction: Equity Division Before: Rein J Decision: 1. Deed of trust and trust itself is not a sham.
2. Orders dealing with further evidence and submissions on balance of issues.
Catchwords: BANKRUPTCY - Property held by trustee in bankruptcy for payment of debts - Dispute as to whether the property falls within the bankrupt's estate
EQUITY - Trusts and trustees -- Creation and effect - Sham trusts
ESTOPPEL - Res judicata
EQUITY - Trusts and trustees - Proceedings between beneficiaries and third parties - Standing of beneficiaries to bring proceedings
EQUITY - Appointment and removal - Invalid appointmentLegislation Cited: Bankruptcy Act 1966 (Cth) s 116 Cases Cited: Chase Manhattan Equities Ltd v Goodman [1991] BCLC 897; [1991] BCC 308
City Sharrment Pty Ltd v Officer Trustee in Bankruptcy (1988) 18 FCR 449; (1988) 82 ALR 530
Equuscorp Pty Ltd v Glengallan Investments Pty Ltd [2004] HCA 55; (2004) 218 CLR 471; (2004) 211 ALR 101; (2004) 79 ALJR 206; (2004) 57 ATR 556
International General Electric Co Of New York v Commissioners of Customs and Excise [1962] Ch 784 at 789 CA; [1962] 2 ALL ER 398; [1962] 3 WLR 20; [1962] RPC 235
Miles v Bull [1969] 1 QB 258; [1968] 3 All ER 632
Raftland Pty Ltd as Trustee of Raftland Trust v Commissioner of Taxation (2008) 238 CLR 516; (2008) 246 ALR 406; (2008) 82 ALJR 934; 2008 ATC ¶20-029; (2008) 68 ATR 170; [2008] HCA 21
Re Clifton (1923) 26 WALR 41
Snook v London and West Riding Investments Ltd [1967] 2 QB 786; [1967] 1 All ER 518; [1967] 2 WLR 1020Texts Cited: Bower, Spencer, Turner and Handley, Res Judicata, 3rd ed (1996) Butterworths
Ford, H.A.J and Lee, W.A., Principles of the Law and Trusts, Thomson Lawbook Co
Justice Pagone, Sham Trusts, delivered to the Trusts Symposium, Society of Trust and Estate Practitioners on 9 March 2012Category: Principal judgment Parties: Louise Lewis (Plaintiff)
Mr Schon Gregory Condon as trustee of the bankrupt estate of Colleen Anne Rayhill (First Defendant)
The Trustee of Kenthurst Investments Trust Robana Pty Ltd (Second Defendant)Representation: Counsel: Mr Paul Finch (Plaintiff)
Mr Don Grieve QC (First Defendant)
Solicitors: Mr Bruce Vernon Dennis (Plaintiff)
Mr Michael Hayter (First Defendant)
File Number(s): 2012/359743
Judgment
REIN J: These proceedings concern a property at 9 Robson Road Kenthurst, New South Wales ("the Property"). Until June 2012, the Property was registered in the name of Mrs Colleen Anne Lewis (also known as Mrs Colleen Anne Rayhill) ("Mrs Lewis"). In May 2012 Mrs Lewis was made bankrupt on the application of Mr Salvatore Russo, her former solicitor who obtained a judgment against her for approximately $1M in unpaid legal fees.…
Continue reading Lewis v Condon
Sign in free to access the full text
- AGLC
- Lewis v Condon [2013] NSWSC 120
- Case
- [2013] NSWSC 120
- Decision Date
CaseChat Overview and Summary
The central legal issues were whether the property fell within the bankrupt's estate, and if so, whether the trustee was entitled to bring such a claim. Additionally, the court had to consider the nature of the trust and whether it was a sham, and whether the trustee had the authority to bring the proceedings. The court also needed to determine the standing of the beneficiaries in the trust to bring these proceedings, and whether any prior court decisions had a binding effect on this case.
The court found that the property was indeed part of the bankrupt's estate, as the purported trust was a sham and not a valid legal arrangement. The court held that the trustee had the authority to bring the claim, and the beneficiaries had standing to bring the proceedings. The court further found that the matter was not res judicata, and thus could be heard anew. Consequently, the court ordered that the property be used to pay off the bankrupt's debts.
No further orders were made by the court in this matter.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.