As seen under the Practice Area, Corporations and Associations Law, this matter involved trust claims in the context of a discretionary trust and where it had been unsuccessfully argued that unpaid distributions were not at call. The appeal in the matter was dismissed by the Court of Appeal.
in the matter of Halifax Investment Services Pty Ltd (in liquidation) v Loo [2021] FCA 531 (Markovic J); Choo Boon Loo v Philip Alexander Quinlan and Morgan John Kelly (as liquidators) and others [2021] NZCA 561; and, In the matter of Halifax New Zealand Limited (in liquidation), Morgan Kelly and Philip Quinlan [2021] NZHC 1113; Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 7) [2020] FCA 248; Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 8) [2020] FCA 533; Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 10) [2020] FCA 1146 ; Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 11) [2020] FCA1282. This litigation known as the Halifax litigation is discussed in detail on this web-site under the menu bar "Resources". It also features under recent developments. The Halifax litigation involved applications by liquidators and/or trustees pursuant to 90-15 of the Insolvency Practice Schedule (Corporations) being Schedule 2 to the Corporations Act (Cth) and/or section 63 and 81 of the Trustee Act 1925 (NSW). The applications were made in circumstances where company funds and trust funds were co-mingled. The following questions were among those to be determined by the Federal Court and the High Court of New Zealand who heard the matters simultaneously:
a) whether liquidators were justified in using trust and co-mingled funds to pay their remuneration for the administration and liquidation;
b) whether judicial advice was appropriate with respect to closing out of extant investments of investors in the insolvent entities;
c) whether liquidators were justified in refraining from realising investments until the determination of all substantive issues in the proceedings;
d) whether representatives of investors should be appointed.
This matter involved claims in relation to an unadministered intestate estate where an administrator had been appointed 45 years ago and where the primary asset in the intestate estate was a rural property. Allegations were made by the plaintiff beneficiary that the administrator had maladministered the estate and sought accounting on the basis of wilful default. The claims were made in circumstances where the evidence was fallible and contemporary documents lacking. The matter also concerned an application by the plaintiff for revocation of grant of letters of administration to the first defendant administrator and appointment of replacement administrator. Another important aspect of the case involved the powers, duties, rights and of trustees, and, in particular, the power to provide for maintenance and advancement of minor beneficiaries. In this case the first defendant administrator used beneficiaries' entitlements to provide for their maintenance and advancement during their minority. The Court found that orders could be made authorising a trustee to apply income of a trust for maintenance, education and advancement of minor beneficiaries - particularly where the plaintiff beneficiary attained majority over 20 years ago and where the first defendant administrator was a single parent with limited source of income. The matter is also referred to under the Practice Area, "Succession and administration of estates" on this web-site.
This matter dealt with a number of matters including an application for an account of profits. It is referred to in several places on this web site.
This matter involved an application to be appointed trustees in relation to real property in circumstances where 2 infants were registered proprietors of land in strata plans.
This matter involved an application for judicial advice made on behalf of a Court-appointed trustee in relation to sale of trust property.
This case concerned an application for specific performance of a contract for sale of land. Issues in relation to the conduct of a real estate agent in the property transaction were raised.
This dispute arose out of the administration of a deceased estate. Allegations of breach of fiduciary duty and claims for damages and other equitable relief were made.
This matter involved a consideration of whether a resulting trust had arisen as well as the application of the presumption of advancement in circumstances where there had been a contract of purchase of property in a son’s name but where the father had paid the deposit and stamp duty.
In this matter, declarations and orders for the giving of an account were sought.
In this matter claims for an interest in property in consequence of an alleged constructive trust were made. This matter is also referred to under the Practice Area, Real Property and Strata Titles on this web-site.
