In the matter of Simpson [2020] NSWSC 1716

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Simpson [2020] NSWSC 1716 Hearing dates: On the papers Decision date: 02 December 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order, pursuant to s 70(1) of the Trustee Act 1925 (NSW), that Jlorie Eykhos and James Eric Anthony Simpson be appointed as Trustees of the Trust Deed executed 12 July 1962 in place of the late William Walter McGregor and the late John Joseph Lyons. 2. Order pursuant to s 71(2)(a) of the Trustee Act 1925 (NSW), that the property the subject of the Trust Deed executed 12 July 1962 has vested in Jlorie Eykhos and James Eric Anthony Simpson as tenants in common in equal shares. 3. Order that title to the property known as 57 Fitzroy Street Barraba, New South Wales, 2347 be transferred into the names of Jlorie Eykhos and James Eric Anthony Simpson as tenants in common in equal shares. Catchwords: EQUITY — Trusts and trustees — Court's supervision of — Appointment of trustees — Vesting of trust property Legislation Cited: Trustee Act 1925 (NSW), ss 70, 71 Cases Cited: In the matter of David Michael Parsons [2017] NSWSC 349 Re Dickson's Settlement Trusts (1872) 27 LT 671 Re Godrey's Trust (1883) 23 Ch D 205 Simpson v Trust Company Fiduciary Services Limited [2009] NSWSC 912 Texts Cited: J D Heydon and M J Leeming, Jacobs Law of Trusts in Australia (8th ed, 2016, LexisNexis Butterworths) Category: Principal judgment Parties: James Eric Anthony Simpson (Plaintiff) Representation: Solicitors: Carr Legal (Plaintiff) File Number(s): 2020/304259 Publication restriction: Nil