Hanover Investments P/L v. Thallon Designs P/L [2003] NSWSC 1193

New South Wales Supreme Court

CITATION : Hanover Investments P/L v. Thallon Designs P/L [2003] NSWSC 1193 HEARING DATE(S) : 1-6 September; 22-26 September 2003 JUDGMENT DATE : 19 December 2003 JURISDICTION: EQUITY JUDGMENT OF : Bryson J at 1 DECISION : Judgment for defendants. See [60] Cross-claim dismissed. See [62]

CATCHWORDS : TRUSTS AND TRUSTEES- After end of domestic relationship between Story (Appointor of Trust) and 2D, plaintiff claiming to be New Trustee of T & C Trust sued to establish charges over 2D's house by tracing proceeds of disposition of Option to Purchase investment property through several forms of investment- Option was assigned to 1D and P alleged that 1D declared trust of the option and proceeds by document under seal and signed by 1D's directors (who were 2D and 3D)- Defendants disputed authenticity of declaration of trust- on complex facts it was found that the declaration of trust was not authentic document of 1D- numerous factual questions relating to tracing- appointments of new trustees were not within power in Deed of Settlement and plaintiff had no standing to enforce interests of T & C Trust. LEGISLATION CITED : Trustee Act 1958 (Victoria) HANOVER INVESTMENTS PTY LTD - Plaintiff PARTIES : THALLON DESIGNS PTY LTD - 1st Defendant LYNETTE COLLEEN THALLON - 2nd Defendant LILLIAN THALLON - 3rd Defendant FILE NUMBER(S) : SC 2941/1998 COUNSEL : J.K. Chippindall - Plaintiff M. Orlov - Defendants SOLICITORS : Peter Wayne & Associates - Plaintiff Messrs Gray & Perkins Solicitors - Defendants

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION