Campbell v Campbell [2022] NSWSC 554

Supreme Court New South Wales

Medium Neutral Citation: Campbell v Campbell [2022] NSWSC 554 Hearing dates: 10, 22-26, 29-30 March 2021, 15 July 2021, and 10 August 2021 Date of orders: 6 May 2022 Decision date: 09 May 2022 Jurisdiction: Equity Before: Slattery J Decision: Declaration made that the property is held beneficially upon the terms of the discretionary trust. Trustee Act, s 86A orders made. Catchwords: TRUSTS – trusts and trustees – estate planning in rural family property – as part of the estate planning transactions were entered into purporting to transfer a grazing property into a family discretionary trust – whether the grazing property was successfully beneficially transferred to the discretionary trust or whether it remained with the transferor – whether the vesting of the discretionary trust should be brought forward from 2035 by an application of Trustee Act 1925 s 86A Legislation Cited: Conveyancing Act 1919, ss 23C, 54A Limitation Act 1969, ss 27, 36 Succession Act 2006, Chapter 3 Trustee Act 1925, ss 81, 86A Cases Cited: Cisera v Cisera Holdings Pty Ltd (2018) 98 NSWLR 747 Francis v Francis [1952] VLR 321 Golden Mile Property Investments Pty Ltd v Cudgewong Australia Pty Ltd (2015) 89 NSWLR 237 In Re Plator Nominees [2012] VSC 284 Manks v Golden Mile Property Investments Pty Ltd (In liq) v Cudgegong Australia Pty Ltd (2016) 18 BPR 36 Martin v Martin (1959) 110 CLR 297 Noack v Noack [1959] VR 137, 140 Orr v Ford (1988) 167 CLR 316 Phung v Phung [2019] NSWSC 117 Pipikos v Trayans (2018) 265 CLR 522 Re Dion Investments Pty Ltd (2014) 87 NSWLR 753 Yard v Yardoo Pty Ltd [2007] VSCA Texts Cited: RP Meagher, JD Heydon, MJ Leeming, Meagher, Gummow & Lehane's Equity: Doctrines and Remedies (5th ed, 2014, LexisNexis Butterworths) PW Young, C Croft, ML Smith, On Equity (2009, Thomson Reuters) Category: Principal judgment Parties: 2018/00184327 Plaintiff: Richard Birrell Campbell First Defendant: Beth Campbell Second Defendant: Carolyn Luise Campbell Alwyn Ian Tonking