Application of DEK Technologies Pty Ltd as trustee for DEK Technologies Unit Trust & Ors (No 2) [2023] NSWSC 594

Supreme Court New South Wales

Medium Neutral Citation: Application of DEK Technologies Pty Ltd as trustee for DEK Technologies Unit Trust & Ors (No 2) [2023] NSWSC 594 Hearing dates: 26 May 2023 Date of orders: 29 May 2023 Decision date: 02 June 2023 Jurisdiction: Equity - Duty List Before: Richmond J Decision: Orders conferring trustee powers made. Catchwords: EQUITY — trusts and trustees — application by four plaintiff trustees for orders conferring powers — where applicable law of trusts is that of Victoria or Queensland — whether proposed dealing falls within the relevant provisions — whether proposed dealing is expedient — whether dealing could be effected without the assistance of the Court Legislation Cited: Trustee Act 1925 (NSW) Trustee Act 1958 (Vic) Trusts Act 1973 (Qld) Cases Cited: Application of DEK Technologies Pty Ltd as Trustee for DEK Technologies Unit Trust & Ors [2023] NSWSC 544 Birks v Commissioner of Taxation (1953) 10 ATD 266 Harrison, Jones & Devlin Ltd v Indian Bank of Australia Ltd (1909) 10 SR (NSW) 266 In the Estate of Webb (dec'd) (1992) 57 SASR 193 Re Dion Investments Pty Ltd [2013] NSWSC 1941 Re Dion Investments Pty Ltd (2014) 87 NSWLR 753; [2014] NSWCA 367 Riddle v Riddle (1952) 85 CLR 202; [1952] HCA 12 Stein v Sybmore Holdings Pty Ltd [2006] NSWSC 1004; 64 ATR 325 Category: Principal judgment Parties: DEK Technologies Pty Ltd as trustee for the DEK Technologies Unit Trust (First Plaintiff) Drini Mulla as trustee for the Mulla Trust (Second Plaintiff) Kerim Tanovic as trustee for the Tanovic Trust (Third Plaintiff) Wisdom Consultancy (Vic) Pty Ltd as trustee for the Yim Tang Family Trust (Fourth Plaintiff) Representation: Counsel: Mr D Barlin (Plaintiffs)