Wendt v Orr
[2004] WASC 28Wendt
vOrr
Judge:
Johnson J
Legislative References:
Trustees Act 1962 (WA) - The Act
Case References:
Downes v Cottam - [1893] 1 Ch 547
Judgment date: 4 March 2004
Order
[30] In view of my conclusion that the first defendant has acted in breach of trust in the approach taken to the administration of the estate, in the failure to obtain legal advice or directions from the Court at an early stage and in distributing the profits on the sale of shares to the second defendant, he should pay the costs of the litigation of all beneficiaries without indemnity from the estate.
Counsel for the plaintiffs:
Ms M L Van Der-Kwast
Counsel for the first defendant:
Mr D Jones
Counsel for the second defendant:
Mr P Mendelow
Solicitors for the plaintiffs:
Dwyer Durack
Solicitors for the first defendant:
Lewis Blyth & Hooper
Solicitors for the second defendant:
Edwin Abdo & Associates
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