In the matter of David Michael Parsons [2017] NSWSC 349

Supreme Court New South Wales

Medium Neutral Citation: In the matter of David Michael Parsons [2017] NSWSC 349 Hearing dates: 20 March 2017 Date of orders: 20 March 2017 Decision date: 20 March 2017 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Declaration that as at date of his death on 10 November 2000, the late Eric Sidney Parsons held his interest in the property known as [the Maroubra property] on trust in equal one-eighth shares for the late Daphne Norma Parsons, David Michael Parsons, Michelle Parsons and the late Katherine Jane Scott (nee Parsons). 2. Order pursuant to section 70 of the Trustees Act 1925 (NSW) that David Michael Parsons be appointed as trustee of that share of the Maroubra property presently registered in the name of Eric Sidney Parsons. 3. Order pursuant to section 71 of the Trustees Act 1925 (NSW) that the share of the Maroubra property presently registered in the name of Eric Sidney Parsons be vested in David Michael Parsons. Catchwords: EQUITY – trusts and trustees – appointment of trustees by the court under Trustee Act 1925 (NSW), s 70 – where constructive trustee has died and there is no trustee to administer the trust – vesting order under Trustee Act 1925 (NSW), s 71 Legislation Cited: Family Law Act 1975 (Cth), s 87 Probate and Administrative Act 1898 (NSW), s 74 Trustee Act 1925 (NSW), ss 70, 71 Cases Cited: McCready & Anor; Estate of Leslie Macready [2004] NSWSC 887 Khalid v Perpetual Limited [2012] NSWCA 135 Re Purkiss [1999] VSC 386 Strang v Strang [2009] NSWSC 760 Stret v Cordia [2016] NSWSC 1596 Watt v Lord [2005] NSWSC 53 Category: Principal judgment Parties: David Michael Parsons (as co-executor of the Estate of the late Daphne Norma Parsons) (First Plaintiff) Michelle Parsons (as co-executor of the Estate of the late Daphne Norma Parsons) (Second Plaintiff) Darren Scott (as administrator of the Estate of the late Katherine Jane Scott) (Third Plaintiff) Representation: Counsel: J O'Connor (Plaintiffs)