31 July 2015
Can a defendant such as "The trustee for the ___ Family Trust t/as _______" be sued by way of Statement of Claim in the Local Court?
I act for a plaintiff company that is proceeding with debt recovery against the above entity.
The question is whether the above defendant is a legal entity that can be sued.
The legal entity is the trustee and is the defendant in an action against a trust. The trust assets are available to satisfy any judgment.
The trustee is not personally liable unless the trustee contracted in his personal capacity rather than as a fiduciary.
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