Meier v Dorzan Pty Limited & Anor [2010] NSWSC 664

New South Wales Supreme Court

CITATION : Meier v Dorzan Pty Limited & Anor [2010] NSWSC 664

HEARING DATE(S) : 15/06/10

JUDGMENT DATE : 15 June 2010

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

1. A declaration that the first defendant has remained the trustee of the Meier Superannuation Fund from 31 March 2000 to date. 2.A declaration that the Meier Superannuation Fund has not vested. DECISION : 3.An order that RCL Superannuation Pty Ltd be appointed under Trustee Act s 70 as the trustee of the Meier Superannuation Fund in substitution for the first defendant, which shall cease to be a trustee of that Fund from the date of this order. 4.An order that the plaintiff be appointed under Trustee Act s 79 to transfer and that the plaintiff transfer the property [address and title details not published] to RCL Superannuation Pty Ltd as trustee of the Meier Superannuation Fund following its appointment as trustee of that Fund. 5.An order that the plaintiff be appointed under Trustee Act s 79 to transfer and that the plaintiff transfer the property [address and title details not published] to RCL Superannuation Pty Ltd as trustee of the Meier Superannuation Fund following its appointment as trustee of that Fund. 6.The plaintiff pay her own costs of these proceedings.

CATCHWORDS : EQUITY - trusts and trustees - appointment of new trustee - superannuation fund - prior appointment of natural persons as trustees ineffective as the trust deed - requires a corporate trustee - property held in the name of trustees de son tort is trust property - HELD: new trustee appointed - order that trust property be conveyed to the new trustee pursuant to Trustee Act 1925 s 79.