Judgment in the case of Alizade v Kudlick was handed down last week. It is an example of the Court exercising its discretion not to order a (former) trustee to account.

Laurie Scher’s client, Mr Kudlick, is an 89 year old retired accountant with serious health problems. He used to be a trustee. He was being pursued by a beneficiary, who had herself also been a trustee for about 20 years.

She and her co-trustees were seeking information and accounts from Mr Kudlick, for a period stretching nearly half a century.

The Court held that the delay in bringing the claim was unjustified and excessive, and oppressive and unconscionable in its effect. The claimants had sought an unduly burdensome amount of information, in an oppressive manner, without any likely practical benefit.

The claim was dismissed in its entirety.

Laurie was instructed by Mark Summerfield of Solomon Taylor & Shaw.

Judgment can be viewed here.