Batten v Salier [2023] NSWSC 378

Supreme Court New South Wales

Medium Neutral Citation: Batten v Salier [2023] NSWSC 378 Hearing dates: 12 April 2023 Date of orders: 12 April 2023 Decision date: 12 April 2023 Jurisdiction: Equity Before: Lindsay J Decision: 1. DECLARE that the Plaintiff is, and has been since he turned 18 years of age in April 2022, entitled to require the termination of the trust created by the will of the deceased (undated, but stated to be dated 27 April 2007 in the grant of Letters of Administration with the Will Annexed in solemn form issued on 1 April 2014) in respect of the gift to him of the property at 19/8 Allen Street, Waterloo, New South Wales, being lot 19 in Strata Plan 84149 ("the Property"), and the income thereof ("the Trust"), and to call for the transfer to him of the Property, the income (including accrued income) derived from the Property and such, if any, other asset of the estate. 2. ORDER, pursuant to rule 54.3 of the Uniform Civil Procedure Rules 2005 NSW, that the first defendant transfer the Property, income and any other asset of the Trust to the Plaintiff. 3. NOTE that no order is made as to the costs of the proceedings to the intent that each party pay or bear his own costs of the proceedings, without prejudice to such (if any) entitlement the first defendant may have to recourse to assets of the estate of the deceased. 4. RESERVE to any party liberty to apply, in these proceedings, for consequential or other relief for the purpose of implementation of these orders. 5. ORDER that these orders be entered forthwith. Catchwords: TRUSTS – Termination of trusts – Termination of trust by beneficiary – Rule in Saunders v Vautier – Beneficiary entitled to terminate trust Legislation Cited: Trustee Act 1925 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: CPT Custodian Pty Limited v Commissioner of State Revenue (2005) 224 CLR 98 Estate of Laura Angius; Angius v Angius [2013] NSWSC 1895 Gianna (Jenny) Angius v Estate of the late Laura Angius [2019] NSWSC 1012 Gordon Salier v Robert Angius [2015] NSWSC 853 Miller v Cameron (1936) 54 CLR 572 Saunders v Vautier (1841) 4 Beav 115; 49 ER 282; affirmed (1841) Cr & Ph 240; 41 ER 482 Category: Principal judgment Parties: Plaintiff: Sean Robert Batten First Defendant: Gordon Albert Salier Second Defendant: Robert Angius Representation: Counsel: