Colin Douglas Cameron v Eileen Miriam Jeffress Gabrielle Davidson v Colin Douglas Cameron [2014] NSWSC 702

Supreme Court New South Wales

Medium Neutral Citation: Colin Douglas Cameron v Eileen Miriam Jeffress Gabrielle Davidson v Colin Douglas Cameron [2014] NSWSC 702 Hearing dates: 19 May 2014 Decision date: 30 May 2014 Jurisdiction: Equity Division Before: Hammerschlag J Decision: 1. Plaintiffs are justified in setting aside the sum of $12 M to meet the amounts to which the first defendant, Eileen Miriam Jeffress, is entitled in accordance with cl 7 of the will of Neville Jeffress made on 12 July 2007 2. Plaintiffs are empowered and authorised, to amend the terms of the trusts established under the will (see [72(2)]) 3. Orders for the provision or further provision to be made in favour of Emma Siobhan Gabrielle Davidson (see [73(4)]) Catchwords: SUCCESSION - family provision and maintenance - claim for family provision order by grandchild of the deceased - Family Provision Act 1982 (NSW); EQUITY - TRUSTS AND TRUSTEES - s 63 of the Trustee Act 1925 (NSW) - application for judicial advice that trustees are justified in setting aside a particular sum to ensure payment of an annuity to be paid from a trust established under the will of the deceased - s 81 of the Trustee Act 1925 (NSW) - application for an order varying the trust instrument so as to permit accumulation of income and payment to beneficiaries which will have a beneficial tax effect on particular beneficiaries who would otherwise pay tax in an amount exceeding the full amount they will actually receive - power of court to approve advantageous dealings - whether applicable to amendment of trust instrument; TAXES AND DUTIES - income tax and related legislation - s 97 of the Income Tax Assessment Act 1936 (Cth) - trust income - income tax position of trust beneficiaries. Legislation Cited: Trustee Act 1925 (NSW) Income Tax Assessment Act 1936 (Cth) Family Provision Act 1982 (NSW) Practice Note SC Eq 7 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) 237 CLR 66 Davis v FCT (1989) 86 ALR 195 FCT v Whiting (1943) 68 CLR 199 Taylor v FCT (1970) 119 CLR 444 Bamford v FCT (2010) 240 CLR 481 Cajkusic v FCT (2006) 155 FCR 430 Zeta Force Pty Ltd v FCT (1998) 84 FCR 70 James N Kirby Foundation v Attorney-General (NSW) (2004) 62 NSWLR 276 Stein v Sybmore Holdings Pty Ltd [2006] NSWSC 1004 Robert Thomas Grant as trustee of the Grant Family Testamentary Trust [2013] NSWSC 1603 Re Dion Investments Pty Ltd [2013] NSWSC 1941 Category: Principal judgment Parties: Colin Douglas Cameron - First Plaintiff Godfrey James Martin - Second Plaintiff John Francis O'Connor - Third Plaintiff Eileen Miriam Jeffress - First Defendant Lesley Ann Davidson - Second Defendant Robert Iann Jeffress - Third Defendant Gabrielle Davidson - Fourth Defendant Dylan Robert Langton Collins - Fifth Defendant Michael James Cormack Davidson - Sixth Defendant Clare Hazel Rose Davidson - Seventh Defendant Jack E Jeffress - Eighth Defendant Representation: Counsel: M.S. Willmott SC with B.L. Jones - Plaintiffs R.E. Heyblok, Solicitor - First Defendant C.M. Harris SC - Second, Sixth and Seventh Defendants D.K.L. Raphael - Third Fifth and Eighth Defendants M.K. Meek SC - Fourth Defendant Solicitors: Schurgott Noolan Pty Limited - Plaintiffs Wight & Strickland - First Defendant Diamond Conway - Second, Sixth and Seventh Defendants Penhall & Company - Third Fifth and Eighth Defendants Makinson and d'Apice Lawyers - Fourth Defendant File Number(s): 2013/167453; 2014/146730