Laycock v Registrar General of New South Wales [2012] NSWSC 248

Supreme Court New South Wales

Medium Neutral Citation: Laycock v Registrar General of New South Wales [2012] NSWSC 248 Hearing dates: 21 February 2012 Decision date: 21 February 2012 Jurisdiction: Equity Division Before: Rein J Decision: Plaintiff's summons dismissed. Catchwords: EQUITY - trusts and trustees - death of trustees - purported appointment of new trustees - appointment invalid

EQUITY - trusts and trustees - application to court for judicial advice pursuant to Trustee Act 1925 must be by a trustee

REAL PROPERTY - torrens title - indefeasibility of title cannot validate an invalid appointment of trustee Legislation Cited: Associations Incorporation Act 1984 Charitable Trusts Act 1993 Real Property Act 1900 Trustee Act 1925 Cases Cited: Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 Texts Cited: J D Heydon and M J Leeming, Jacobs' Law of Trusts in Australia, 7th ed (2006) Category: Principal judgment Parties: John Kevin Laycock (Plaintiff) Registrar General of New South Wales (First defendant) Attorney General of New South Wales (Second defendant) Kendall Murray Ferguson (Third defendant) Putty Community Association Inc (Fourth defendant) Representation: Counsel: C Mantziaris (Second defendant) H Stowe (Third and fourth defendants) John Kevin Laycock (Plaintiff in person)