NSW Caselaw
Reported Decision : 68 ACSR 356
New South Wales Supreme Court
CITATION : Trust Company Fiduciary Services Ltd v Challenger Managed Investments Ltd [2008] NSWSC 1155
HEARING DATE(S) : 15, 16 October 2008
JUDGMENT DATE : 24 October 2008
JUDGMENT OF : Rein J
DECISION : At [66]
CATCHWORDS : Whether Court can confer power on trustee to agree to partial surrender or release of trust property (in the nature of security) in return for property (also in the nature of security) to be created by new trusts with same trustee and beneficiaries.
LEGISLATION CITED : Trustee Act 1925 Corporations Act 2001 (Cth)
CATEGORY : Principal judgment
Arakella Pty Ltd v Paton [2004] NSWSC 13, [2004] 60 NSWLR 334 Stein v Sybmore Holdings [2006] NSWSC 1004 Riddle v Riddle (1952) 85 CLR 202 Re Strang (1941) SR (NSW) 114 Hornsby v Playoust (2005) 11 VR 522 Re AS Sykes (decd) and The Trustee Act [1974] 1 NSWLR 597 Re Shipwrecked Fishermen and Mariners' Royal Benevolent Society [1959] Ch 220 Freeman v Attorney-General for NSW [1973] 1 NSWLR 729 Re McNaughton (Supreme Court of New South Wales, unreported, BC 9403436) CASES CITED : Burnside City Council v Attorney General for South Australia 16 LGRA Westfield Queensland No 1 Pty Ltd v Lend Lease Real Estate Investments Ltd [2008] NSWSC 516 (BC 200803975) NM Superannuation Pty Ltd v Hughes (Supreme Court of New South Wales, McLelland CJ in Eq, unreported, 5 March 1996) Perpetual Trustee Ltd v Goodsall [1979] 2 NSWLR 785 Re Downshire Settled Estates [1953] Ch 218 Permanent Trustee Co Ltd v National Australian Managers Ltd (Supreme Court of New South Wales, unreported, 8 August 1994) City of Burnside v Attorney General for South Australia 61 SASR 107 Municipal and General Securities Co v Lloyds Bank (1950) 1 Ch 212 Municipal and General in In Re Allison (decd) [1958] NZLR 678 Owners of the Shin Kobe Maru v Empire Shipping Co In (1994) 181 CLR 421 Oshlack v Richmond River Council (1998) 193 CLR 72
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