NSW Caselaw
New South Wales Supreme Court
CITATION : Georges & McCluskey in their capacity as Liquidators of Radiata Plantations Ltd (In Liquidation) v Radiata Plantations Ltd (In Liquidation) [2009] NSWSC 994
HEARING DATE(S) : 16 September 2009
JUDGMENT DATE : 16 September 2009
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 16 September 2009
DECISION : Refer to paras 15 and 17 of judgment.
CATCHWORDS : EQUITY - trusts and trustees – distribution of net proceeds of sale by trustees where some co-owners cannot be located – consideration of applicability of Unclaimed Money Act 1995 – trustees directed to advertise and publish the names of co-owners whose whereabouts is unknown and six months thereafter to be permitted to pay unclaimed moneys either to the Public Trustee or into Court pursuant to the Trustee Act 1925
LEGISLATION CITED : Unclaimed Money Act 1995 (NSW) Trustee Act 1925 (NSW)
CASES CITED : George Georges v Gregg Thomson [2008] NSWSC 248 Arrow Custodians Pty Ltd v Pine Forests of Australia Pty Ltd [2008] NSWSC 839
TEXTS CITED : J D Heydon & M J Leeming, Jacobs' Law of Trusts in Australia, 7th ed (2006)
George Georges & Peter Damien McCluskey in their capacity as Liquidators of Radiata Plantations Ltd (In Liquidation) PARTIES : v Radiata Plantations Ltd (In Liquidation)
FILE NUMBER(S) : SC 3521/09
COUNSEL : Plaintiffs: P Kulevski Defendant: n/a
SOLICITORS : Plaintiffs: Blake Dawson Waldron Defendant: n/a
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
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