Zevering v Callaghan & Ors; Callaghan & Anor v Zevering

[2011] QCA 254

Queensland Court of Appeal22 September 2011

Ratio Decidendi

Trustees who appropriately oppose a former trustee's claim for remuneration are entitled to recover their costs of that opposition on the indemnity basis out of the trust estate.

Quick Take

Where a former trustee's solicitors claim an equitable lien over amounts payable to the trustee, the court should authorise rather than direct payment, to avoid prejudicing the solicitors' rights without giving them an opportunity to be heard. A former trustee who unduly prolongs proceedings by raising issues that do not advance their case may have their costs reduced even where they ultimately succeed on the substantive claim for remuneration.

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Linked Principles

Legal principles extracted from this case

01Trustees who appropriately oppose a former trustee's claim for remuneration are entitled to recover their costs of that opposition on the indemnity basis out of the trust estate.
02
03
04

+1 more principle

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Case Details

Citation[2011] QCA 254

CourtQCA

JurisdictionQld

Decision Date22 September 2011

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Judgment

Authorities Cited3›

Cases considered by Zevering v Callaghan & Ors; Callaghan & Anor v Zevering

Referred to (3)

Zevering v Callaghan & Ors; Callaghan & Anor v Zevering [2011] QCA 254 Zevering v Callaghan & Ors; Callaghan & Anor v Zevering [2011] QCA 180 [1983] Ch 59

Subsequent Judicial Consideration2›

Cases that have considered Zevering v Callaghan & Ors; Callaghan & Anor v Zevering

Referred to (2)

R v Phan [2001] NSWCCA 29 Zevering v Callaghan & Ors; Callaghan & Anor v Zevering [2011] QCA 254

Judicial Consideration (Chronological)

R v Phan [2001] NSWCCA 29Referred to

Zevering v Callaghan & Ors; Callaghan & Anor v Zevering [2011] QCA 254Referred to

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it.

Zevering v Callaghan & Ors; Callaghan & Anor v Zevering at [30]

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

Zevering v Callaghan & Ors; Callaghan & Anor v Zevering at [37]