NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Cecil Investments Pty limited [2021] NSWSC 211 Hearing dates: 3 February 2021 Date of orders: 17 February 2021 Decision date: 09 March 2021 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See [54] Catchwords: EQUITY — Trusts and trustees — Judicial advice — Variation of trusts — Whether trustee can exercise of power to exclude Legislation Cited: Conveyancing Act 1919 (NSW) Duties Act 1997 (NSW) Income Tax Assessment Act 1969 (Cth) Land Tax Act 1956 (NSW) Land Tax Management Act 1956 (NSW) State Revenue Legislation Further Amendment Act 2020 (NSW) Trustee Act 1925 (NSW) Cases Cited: Application of NSFT Pty Ltd [2010] NSWSC 380 Barry v Borlas Pty Ltd [2012] NSWSC 831 Cisera v Cisera Holdings Pty Ltd (2018) 98 NSWLR 747; [2018] NSWCA 286 Commissioner of Taxation v Bamford (2010) 240 CLR 481 Kearns v Hill (1990) 21 NSWLR 107 Macedonian Orthodox Church St Petka Incorporated v His Eminence Petar the Diocese of Australia and New Zealand (2008) 237 CLR 66 Re A.S. Skyes and the Trustee Act (1974) 1 NSWLR 597 Re Dion Investments Pty Ltd (2014) 87 NSWLR 753; [2014] NSWCA 367 Re Dion Investments Pty Ltd [2020] NSWSC 1661 Soo v Soo [2016] NSWSC 1666 Stein v Sybmore Holdings Pty Ltd [2006] NSWSC 1004; (2006) 64 ATR 325 Category: Principal judgment Parties: Cecil Investments Pty Limited as trustee of the Voigt Family Trust (plaintiff) Representation: Counsel: M Meek SC, D Barlin
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