NSW Caselaw
New South Wales Supreme Court
CITATION : Gaydon [2001] NSWSC 473 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4994/97 HEARING DATE(S) : 04/06/01 JUDGMENT DATE : 8 June 2001
PARTIES : Peter Richard Gaydon - Plaintiff JUDGMENT OF : Barrett J
Ms E.A. Cheeseman - Plaintiff COUNSEL : Mr J.D. Smith - Mrs Thompson Mr P.I. Lim (Solicitor) - Mrs Rodgers and Mrs Flynn Blake Dawson Waldron - Plaintiff SOLICITORS : C.G. Gillis & Co - Mrs Thompson Patrick Lim & Associates - Mrs Rodgers and Mrs Flynn CATCHWORDS : EQUITY - Trusts and trustees - Creation by Court of powers of trustees - must be not only "expedient" but also related to management or administration of trust property - management of property distinguished from management generally - power will not be created if statutory power already sufficient - EQUITY - Trusts and trustees - application for orders "dissolving" trust and "removing" trustee - Court has no power to destroy trusts - action by beneficiaries sui juris and absolutely entitled required LEGISLATION CITED : Trustee Act 1925 Riddle v Riddle (1952) 85 CLR 202 Featherby v Grljusich [1998] WASC 128 CASES CITED : Re New [1901] 2 Ch 534 Tickle v Tickle (1987) 10 NSWLR 581 Horwath Corporate Pty Ltd v Huie (1999) 32 ACSR 413 Saunders v Vautier [1841] Cr & Ph 240 DECISION : See paragraph 34
18 THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BARRETT J
FRIDAY, 8 JUNE 2001
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