NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Application of Murray Irrigation Ltd [2024] NSWSC 186 Hearing dates: 29 February 2024 Date of orders: 29 February 2024 Decision date: 29 February 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: (1) Pursuant to s 70 of the Trustee Act 1925 (NSW), Riverina Sustainable LWMP Pty Ltd (Riverina Sustainable) shall be appointed as trustee of any funds referrable to the implementation of the NSW Murray Irrigation District Landholder Association Land and Water Management Plan 2022 (2022 LWMP) in substitution for the plaintiff, the existing trustee thereof; (2) Pursuant to s 71 of the Trustee Act 1925 the funds referrable to the 2022 LWMP shall vest in Riverina Sustainable; (3) The plaintiff's costs of the summons shall be paid out of the funds referrable to the 2022 LWMP on the indemnity basis and on a pro-rata basis as between the balance of funds standing to the credit of: (a) the Berriquin Community's Land and Water Management Plans; (b) the Cadell Community's Land and Water Management Plans; (c) the Denimein Community's Land and Water Management Plans; and (d) the Wakool Community's Land and Water Management Plans. (4) Reserve to the plaintiff liberty liberty to apply for further or consequential orders in relation to the summons. Catchwords: EQUITY — Trusts and trustees — Court's supervision of — Appointment and removal of trustees — Application under s 70 of Trustee Act 1925 (NSW) for replacement of trustee of trust — no question of principle Legislation Cited: Corporations Act 2001 (Cth) Trustee Act 1925 (NSW) ss 63, 70-71 Uniform Civil Procedure Rules 2005 r 7.12(2) Water Management Act 2000 (NSW) s 122 Cases Cited: Dulhunty v Dulhunty [2010] NSWSC 1465 Re Estate of Roberts (1983) 20 NTR 13 Texts Cited: JD Heydon and MJ Leeming (eds), Jacob's Law of Trusts in Australia (8th ed, 2016, LexisNexis Butterworths) Category: Principal judgment Parties: Murray Irrigation Ltd (Applicant) Representation: Counsel:
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