SUPREME COURT OF QUEENSLAND
CITATION:
Stephens & Anor v Chee [2015] QSC 138
PARTIES:
DAVID CHARLES STEPHENS
(first applicant)STUART CHARLES LESLIE BENJAMIN
(second applicant)
v
TIMOTHY HOCK LING CHEE(respondent)
FILE NO/S:
SC No 11140 of 2014
DIVISION:
Trial Division
PROCEEDING:
Trial
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
22 May 2015
DELIVERED AT:
Brisbane
HEARING DATE:
5 March 2015; 6 March 2015
JUDGE:
Philip McMurdo J
ORDER:
1. The applicant trustees are advised that proceedings can and ought to be brought against Acebeck Pty Ltd, THLC Pty Ltd and Mexibrook Pty Ltd for repayment of moneys owing by them to the Chee Family Trust, according to the accounts of that trust.
2. The applicant trustees are directed to seek the further advice of the court on those proceedings after the completion of disclosure if the proceedings are not determined earlier.
3. The originating application is otherwise dismissed.
4. The copies of the Report and counsel’s opinion and the draft statement of claim will be placed within sealed envelopes and marked “Not to be opened without the leave of the court or a judge”.
CATCHWORDS:
EQUITY – TRUSTS AND TRUSTEES – APPLICATIONS TO COURT FOR ADVICE AND AUTHORITY – PETITION OR SUMMONS FOR ADVICE – WHAT QUESTIONS MAY BE ANSWERED – a so called Beddoe application by trustees under s 96 of the Trusts Act 1973 (Qld) seeking advice from the court as to whether to bring proceedings and also for orders that would indemnify them from the assets of the trust for the costs of that proceeding – whether the court should make a distinct order indemnifying the trustees from the trust assets – where it would be unnecessary to make a distinct order that the trustees be indemnified out of the trust fund in the event that the court advised the trustees to bring proceedings because, where trustees obtain the approval of the court they will be entitled to costs of the proceeding out of the trust fund – where the respondent was also a beneficiary of the trust and previously sole director of the corporate trustee – where the proposed claims by the trustees would largely be against the respondent, based upon his conduct of trust affairs as director of the corporate trustee – where the trustees also sought an order that they should not provide certain documents of the trust to the respondent beneficiary who would be the principal defendant in their proposed litigation – where the trustees were not advised to commence proceedings against the respondent but were advised that proceedings could and should be brought against certain entities named in the originating application – where the application was otherwise dismissed
EQUITY – TRUSTS AND TRUSTEES – APPLICATIONS TO COURT FOR ADVICE AND AUTHORITY – PETITION OR SUMMONS FOR ADVICE – PARTICULAR CASES – where the provision of the court’s advice to the trustees that they ought to bring proceedings would have the practical effect that the costs of litigation would come from…
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- AGLC
- Stephens v Chee [2015] QSC 138
- Case
- [2015] QSC 138
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the trustees should be advised to bring proceedings against Timothy Chee and other entities, and if so, whether the costs of litigation should be borne by the trust assets. The court also considered whether the trustees should remain neutral and avoid litigating for the benefit of one group of beneficiaries over another. Furthermore, the court had to decide whether to grant an injunction preventing the disclosure of specific trust documents to Timothy Chee, who was both a beneficiary and the principal defendant in the proposed litigation.
The court found that while the trustees could bring proceedings against certain entities, it was not necessary to make a distinct order indemnifying the trustees from the trust assets, as the trustees would be entitled to costs from the trust fund if they obtained court approval. The court declined to advise the trustees to bring proceedings against Timothy Chee, considering the dispute largely a matter between beneficiaries and the potential for conflict of interest. The court also declined to make an order preventing the disclosure of documents to Timothy Chee, as there was no demonstrated need for such an order at that stage. The application was dismissed, with the court directing the trustees to seek further advice after the completion of disclosure if the proceedings were not determined earlier.
The court made orders advising the trustees that proceedings could and should be brought against Acebeck Pty Ltd, THLC Pty Ltd, and Mexibrook Pty Ltd for repayment of moneys owed to the Chee Family Trust. The trustees were directed to seek further advice from the court after the completion of disclosure if the proceedings were not resolved before then. The originating application was otherwise dismissed, and the court ordered that the copies of the Report, counsel’s opinion, and the draft statement of claim be placed in sealed envelopes and marked “Not to be opened without the leave of the court or a judge”.
Orders
Orders of the court
1. The applicant trustees are advised that proceedings can and ought to be brought against Acebeck Pty Ltd, THLC Pty Ltd and Mexibrook Pty Ltd for repayment of moneys owing by them to the Chee Family Trust, according to the accounts of that trust.
2. The applicant trustees are directed to seek the further advice of the court on those proceedings after the completion of disclosure if the proceedings are not determined earlier.
3. The originating application is otherwise dismissed.
4. The copies of the Report and counsel’s opinion and the draft statement of claim will be placed within sealed envelopes and marked “Not to be opened without the leave of the court or a judge”.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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