NSW Caselaw
New South Wales Supreme Court
CITATION : Application of Roger Dulhunty Alina Dulhunty Trust [2010] NSWSC 1023
HEARING DATE(S) : 3 September 2010
JUDGMENT DATE : 3 September 2010
JURISDICTION : Equity Division
JUDGMENT OF : Hamilton AJ
EX TEMPORE JUDGMENT DATE : 3 September 2010
DECISION : Advice that plaintiff justified in defending proceedings against him as trustee and entitled to use trust funds for his costs.
CATCHWORDS : EQUITY [1439] - Trusts and trustees - Applications to Court for advice and authority - Petition a summons for advice - Generally - General principles
CATEGORY : Procedural and other rulings
CASES CITED : Burns v Burns [2008] QSC 173 Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Bishop Petar (2008) 237 CLR 66
PARTIES : Roger Dulhunty (Plaintiff)
FILE NUMBER(S) : SC 290309 of 2010
COUNSEL : J Lazarus (Plaintiff)
SOLICITORS : McLachlan Thorpe Partners (Plaintiff)
- 4 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
HAMILTON AJ
FRIDAY 3 SEPTEMBER 2010
2010/290309 - ALINA DULHUNTY FAMILY TRUST - THE APPLICATION OF ROGER DULHUNTY
EX TEMPORE JUDGMENT - (See p 13 of transcript)
1 HIS HONOUR: These are proceedings brought by a trustee for judicial advice under section 63 of the Trustee Act 1925.
2 There have been, in the Dulhunty family, intense conflicts, including litigation, concerning family property. After a mediation, Jinks, Roger and Peter Dulhunty, who are siblings, became parties to a deed on 14 April 2008. At that time Ezekiel Solomon was the trustee of the Alina Dulhunty Family Trust. By clause 14 of the deed, Jinks, Roger and Peter agreed to be appointed trustees of the trust in place of Ezekiel Solomon. By clause 15 they agreed that, in the event of their appointment as trustees, they would resolve to exercise their powers to wind up the trust and distribute the net assets in proportions set out in that clause. By clause 17 they acknowledged that, in forming the view that the distribution of the trust assets in that fashion would be an appropriate exercise of discretion, they had taken certain matters into account.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate