Ballard v Ballard: 2020/236059 [2021] NSWSC 1015

Supreme Court New South Wales

Medium Neutral Citation: Ballard v Ballard: 2020/236059 [2021] NSWSC 1015 Hearing dates: 13 July; written submissions 28 July; 10 August 2021 Date of orders: 12 August 2021 Decision date: 12 August 2021 Jurisdiction: Equity Before: Parker J Decision: See [37]-[38] Catchwords: SUCCESSION – administration of trusts – application for interpretation of a will which established trusts in favour of testator's three grandchildren – inception of trusts – whether the will created three separate trusts – income derived from trusts – interpretation of charitable power of appointment – interpretation of power of maintenance, education and advancement Texts Cited: Heydon, J D and M J Leeming, Jacobs' Law of Trusts in Australia (8th ed, 2016, LexisNexis Butterworths) Category: Principal judgment Parties: Anthony Stephen Ballard (First Cross-Claimant/ First Defendant) Peter William Mansbridge (Second Cross-Claimant/ Second Defendant Timothy Lawrence Ballard (First Cross-Defendant/ First Plaintiff) Jennifer Elaine Ballard (Second Cross Defendant) Casey Louise Ballard (Third Cross-Defendant/ Third Defendant) Attorney-General of Queensland (Fourth Cross-Defendant) Representation: Appearances: D Barlin (counsel) (Cross-Claimants) A Holmes (solicitor) (First Cross-Defendant) S Woods (Second Cross-Defendant) R Bianchi (Third Cross-Defendant) R Treston QC/H Blattman (Fourth Cross-Defendant)