NSW Caselaw
New South Wales Supreme Court
CITATION : Dulhunty v Dulhunty [2010] NSWSC 1465
HEARING DATE(S) : 15 November 2010
JUDGMENT DATE : 17 December 2010
JUDGMENT OF : Slattery J at 1
CATCHWORDS : EQUITY - Trusts and trustees - applications to the Court for advice - proceedings between trustees and beneficiaries or third parties - power in trust deed of discretionary trust for trustees to act by majority - agreement between trustees to distribute trust assets and wind up trust - majority of trustees seek orders against minority to enforce agreement - minority trustee obtains Trustee Act, s 63 judicial advice that he is entitled to defend the proceedings and to do so using trust assets - judicial advice obtained without notice to majority - majority refuse to authorise disbursement of trust funds - minority seeks orders for disbursement from trust - whether all trustees should be joined on Trustee Act, s 63 application for advice - whether majority can and should now be ordered to disburse funds - HELD - order for disbursement made - costs on present application reserved.
Civil Procedure Act 2005, ss 14, 26 LEGISLATION CITED : Trustee Act 1925 (NSW), ss 59(4), 63 Uniform Civil Procedure Rules 2005, Rule 7.11(2)
CATEGORY : Principal judgment
Dulhunty v Dulhunty [2010] NSWSC 1307 Fay v Moramba Services Pty Ltd [2008] NSWSC 424 In the Estate of William Just, Deceased (No. 1) (1973) 7 SASR 508 Lewis v Nobbs (1878) 8 Ch. D 591 Luke v South Kensington Hotel Company (1879) 11 Ch D 121 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 CASES CITED : Pelham v Pelham & Braybrook (1955) SASR 53 Re Billington (deceased); Union Trustee Company of Australia Ltd v Billington [1949] St. R. Qd. 102 Re Butlin's Settlement Trusts; Butin v Butlin [1976] Ch 251 Re Mayo [1943] Ch 302 Re Stephenson's Settled Estates (1906) 6 SR (NSW) 420 Re Whiteley; Bishop of London v Whiteley [1910] 1 Ch 600 Sky v Body & Anor (1970) 92 WN (NSW) 934 Watsons Bay & South Shore Ferry Co Ltd v Whitfeld (1919) 27 CLR 268
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