Application by Sonya Sarkis [2015] NSWSC 1369

Supreme Court New South Wales

Medium Neutral Citation: Application by Sonya Sarkis [2015] NSWSC 1369 Hearing dates: 15 June 2015 Date of orders: 28 September 2015 Decision date: 28 September 2015 Jurisdiction: Equity Before: Slattery J Decision: See paragraph [93]. Catchwords: TRUSTS - trustee seeks judicial advice under Trustee Act 1925, s 63 – testamentary trust – trust properties owned jointly by the trust and by a beneficiary of the trust – beneficiary seeks the appointment of trustees for sale under Conveyancing Act, s 66G for the sale of the jointly owned properties – trustee seeks judicial advice as to whether she would be justified in defending the proceedings and on what terms. Legislation Cited: Civil Procedure Act 2005 (NSW), s 86(2) Conveyancing Act 1919, ss 66G, 66I Trustee Act 1925, s 63 Uniform Civil Procedure Rules 2005, r 55 Cases Cited: Bovaird v Frost [2009] NSWSC 917 Coore v Coore [2013] QSC 196 El Sayed v El Hawach [2015] NSWCA 26 Forgeard v Shanaham (1994) 35 NSWLR 206 Frost and Fallon [2011] NSWSC 591 Loblay v Loblay [2013] NSWSC 1195 Macedonian Orthodox Community Church Saint Petka Inc v His Eminence Petka, the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 Penny Nominees Pty Ltd v Fountain (No. 3) (1990) 5 BPR 11,284 Re Australian Pipeline Ltd (2006) 60 ACSR 625 Re Dracup [1894] 1 Ch 59 Re Estate of Heywood [2010] SASC 247 Re Fettell (1952) 52 SR (NSW) 221 Tory v Tory [2007] NSWSC 1078 Wooster v Morris [2013] VSC 594 Category: Consequential orders (other than Costs) Parties: Plaintiff: Sonya Sarkis Trust beneficiary: Sam Bkassini Representation: Counsel: Plaintiff: C.D. Wood