Wallerstein v Bedington
Case
•
[2012] QSC 71
•29 March 2012
Details
AGLC
Case
Decision Date
Wallerstein v Bedington [2012] QSC 71
[2012] QSC 71
29 March 2012
CaseChat Overview and Summary
The plaintiffs, Renee and Chanelle Wallerstein, brought a claim against the defendant, Bedington, who was the trustee of a trust fund established under the will of Jacob Wallerstein. They sought payment of the balance under the trust fund, while the defendant claimed that certain expenses paid amounted to advances of the trust funds. The third plaintiff, Jacob Wallerstein, sought the removal of the defendant as trustee and the appointment of a new trustee, Jenny Power. The court was required to determine whether the expenses paid by the defendant amounted to advances under the trust fund, whether the defendant had failed to comply with his duties as a trustee, and whether the defendant's actions justified his removal as trustee.
The court found that the expenses paid by the defendant did not amount to advances under the trust fund, and that he had failed to comply with his duties as a trustee. The court also found that the defendant's actions justified his removal as trustee and the appointment of a new trustee, Jenny Power. The court found that the plaintiffs were entitled to the balance under the trust fund, and ordered the defendant to pay the amounts owed to the plaintiffs. The court also ordered the defendant to be removed as trustee for Jacob Wallerstein and for Jenny Power to be appointed as sole trustee for him.
The court ordered that the defendant pay the sum of $42,564.92 to Renee Wallerstein, and the sum of $36,093.25 to Chanelle Wallerstein. The court also ordered that the defendant be removed as trustee for Jacob Wallerstein and that Jenny Power be appointed as sole trustee for him. The court ordered the defendant to pay to Jenny Power, as trustee, the sum of $62,858.01 and transfer to her 98 shares in the Commonwealth Bank of Australia presently held by the defendant as trustee.
The court found that the expenses paid by the defendant did not amount to advances under the trust fund, and that he had failed to comply with his duties as a trustee. The court also found that the defendant's actions justified his removal as trustee and the appointment of a new trustee, Jenny Power. The court found that the plaintiffs were entitled to the balance under the trust fund, and ordered the defendant to pay the amounts owed to the plaintiffs. The court also ordered the defendant to be removed as trustee for Jacob Wallerstein and for Jenny Power to be appointed as sole trustee for him.
The court ordered that the defendant pay the sum of $42,564.92 to Renee Wallerstein, and the sum of $36,093.25 to Chanelle Wallerstein. The court also ordered that the defendant be removed as trustee for Jacob Wallerstein and that Jenny Power be appointed as sole trustee for him. The court ordered the defendant to pay to Jenny Power, as trustee, the sum of $62,858.01 and transfer to her 98 shares in the Commonwealth Bank of Australia presently held by the defendant as trustee.
Details
Key Legal Topics
Areas of Law
-
Trusts & Equity
Legal Concepts
-
Breach of Trust
-
Account of Profits
-
Trustee Duties
-
Removal of Trustee
-
Appointment of Trustee
-
Compensatory Damages
Actions
Download as PDF
Download as Word Document
Citations
Wallerstein v Bedington [2012] QSC 71
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
2