PHILIP MACPHERSON ROBERTSON v. ROBERT SAMUEL ALLEN & ORS [2004] NSWSC 199

New South Wales Supreme Court

CITATION : PHILIP MACPHERSON ROBERTSON v. ROBERT SAMUEL ALLEN & ORS [2004] NSWSC 199 HEARING DATE(S) : 15/03/2004 JUDGMENT DATE : 15 March 2004 JURISDICTION: EQUITY JUDGMENT OF : Bryson J at 1 DECISION : Declaration that appointment of the 4th defendant and the removal of the 3rd defendant as trustee of the Leith Trust were effectual. 1st and 2nd defendants are to transfer to the 4th defendant the 48,002 shares held by the 1st and 2nd defendants in Multi Transit Company Pty Ltd. see [28]

CATCHWORDS : WILLS PROBATE AND ADMINISTRATION- further consideration of transfer of shares considered in [2003] NSWSC 848 after appointment of new trustee - executors obliged to transfer shares directly to new trustee. - TRUSTS AND TRUSTEES- new trustee-new trustee entitled to transfer from executors of shares left in will to former trustee without first transferring shares to former trustee-equity regards as done that which ought to have been done. CASES CITED : Saunders v Vautier (1841) 41 ER 482 Robertson v Allen [2003] NSWSC 848 Philip Macpherson Robertson - Plaintiff Robert Samuel Allen - First Defendant PARTIES : Christopher William Welsh - Second Defendant Philrob Nominees Pty Limited (CAN 055 131 706) - Third Defendant Lance Raymond Boswell - Fourth Defendant FILE NUMBER(S) : SC SC 6090/01 Dr C Birch SC & J Loofs - Plaintiff COUNSEL : A Hill - 1st and 3rd Defendants Evans - 2nd Defendant Kell Moore - Plaintiff SOLICITORS : Addisons - Defendants Submitting- 4th Defendant