Sanwick Pty Limited v Kalyk [2016] NSWSC 100

Supreme Court New South Wales

Medium Neutral Citation: Sanwick Pty Limited v Kalyk [2016] NSWSC 100 Hearing dates: 15 February 2016 Decision date: 15 February 2016 Jurisdiction: Equity - Expedition List Before: Stevenson J Decision: Order that the Deed made on 20 May 1981 made as between the Defendant and the Plaintiff be rectified by deleting the following words in cl 1(b) of that Deed: "(i) the thirty-first day of December in the year two thousand and twenty" Catchwords: TRUSTS – remedies – rectification of trust deed –– where deed executed by settlor and not the trustee – whether deed valid as a deed or deed poll – where settlor had no active and operative intention as to terms of the trust and acted merely on instructions of trustee and had no independent intention as to the terms of the trust – where trustee intended trust to have indefinite duration to fullest extent permitted by law - where terms of trust deed were that trust vested in 2020 – rectification ordered Cases Cited: Bush v National Australia Bank Ltd (1992) 35 NSWLR 390 Colquhoun v Dronpane Pty Ltd [2011] NSWSC 1500 Commissioner of Stamp Duties (NSW) v Carlenka Pty Ltd (1995) 41 NSWLR 329 Hewlett-Packard Aust Pty Ltd v Exeed Pty Ltd (2004) 48 ACSR 670 Maralinga Pty Ltd v Major Enterprises Pty Ltd (1973) 128 CLR 336 Mirzikinian v Waterhouse Pty Ltd [2009] NSWCA 296 Muriti v Prendergast [2006] NSWSC 286 Public Trustee v Smith [2008] NSWSC 397 Category: Principal judgment Parties: Sanwick Pty Limited (Plaintiff) Steven Kalyk (Defendant) Representation: Counsel: I M Jackman SC with D Barlin (Plaintiff)