Robert Thomas Grant as trustee of the Grant Family Testamentary Trust [2013] NSWSC 1603

Supreme Court New South Wales

Medium Neutral Citation: Robert Thomas Grant as trustee of the Grant Family Testamentary Trust [2013] NSWSC 1603 Hearing dates: 16 September 2013 Decision date: 07 November 2013 Jurisdiction: Equity Division Before: Slattery J Decision: Amendments to the Trust instrument approved under Trustee Act, s 81. Catchwords: EQUITY - trusts and trustees - powers, duties, rights and liabilities of trustees - proposal to amend a Trust instrument - trust instrument lacks certain powers - trustee proposes the grant of express powers in the trust instrument including powers to improve and repair trust assets, to borrow and grant security, to lend money, to delegate duties, and to amend the trust deed without Court application - whether Trustee Act, s 81 authorises the conferring of these powers on the trustee - whether the powers sought should be conferred. Legislation Cited: Trustee Act (NSW), ss 14, 25, 38, 53, 59, 62, 64, 81, 82, 91 Trustee Act (Qld), s 94 Trustee Act 1925 (UK), s 57 Uniform Civil Procedure Rules 2006 Cases Cited: Cachia v Westpac Financial Services Limited (2000) 170 ALR 65 Colonial Foundation Limited v the Attorney General of the State of Victoria [2007] VSC 344 James N Kirby Foundation v Attorney-General (NSW) (2004) 62 NSWLR 276 Ku-ring-gai Municipal Council v the Attorney -General (1954) 55 SR (NSW) 65 Lock v Westpac Banking Corporation (1991) 25 NSWLR 593 Re Application of NSFT Pty Limited as Trustee of Neil Stathem Family Trust [2010] NSWSC 380 Re Bowmill Nominees Pty Ltd [2004] NSWSC 161 Riddle v Riddle (1952) 85 CLR 202 Stein v Sybmore Holdings Pty Ltd [2006] NSWSC 1004 Texts Cited: Jacobs Law of Trusts in Australia, 7th ed at [1730] - [1731] Category: Principal judgment Parties: Plaintiff: Robert Thomas Grant as trustee of the Grant Family Testamentary Trust Representation: Plaintiff: A Harding Plaintiff: Katelin Turner, TressCox Lawyers File Number(s): 2013/238360 Publication restriction: No