Pearsons Barristers and Solicitors v Avison

Pearsons Barristers and Solicitors brought a case against Avison, which involved monies held by the solicitors for two individuals. The dispute centred on the terms of settlement between beneficiaries which defined the terms of the trust, and whether the distribution of trust funds was contrary to those terms. The plaintiff claimed that the trustee did not act according to their instructions, and therefore was not entitled to the protection provided by section 67 of the Trustee Act 1958 (Vic). The plaintiff sought equitable compensation for the trustee's actions.

The court had to decide whether the distribution of trust funds was in accordance with the terms of settlement, and whether the trustee was entitled to the protection of section 67 of the Trustee Act 1958 (Vic). The court also had to determine if the plaintiff was entitled to summary judgment, and if the defendant was entitled to an adjournment to lead further evidence.

The court found that the terms of settlement provided the terms of the trust, and that the distribution of trust funds was contrary to those terms. The court also found that the trustee did not act on the instructions of the plaintiff, and therefore was not entitled to the protection of section 67 of the Trustee Act 1958 (Vic). The court held that the plaintiff was entitled to summary judgment as there was no real question to be tried. The court further found that the defendant was not entitled to an adjournment to lead further evidence, as the existence of claims against third parties and the desire to obtain documents on discovery did not require the grant of leave to defend. The court concluded that the plaintiff was entitled to equitable compensation for the trustee's actions.