Gregory Joseph Mills as trustee v Julie Elizabeth Mills and Ors [2018] NSWSC 363

Supreme Court New South Wales

Medium Neutral Citation: Gregory Joseph Mills as trustee v Julie Elizabeth Mills and Ors [2018] NSWSC 363 Hearing dates: 20 March 2018 Date of orders: 20 March 2018 Decision date: 20 March 2018 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: Judicial Advice Catchwords: EQUITY – trusts and trustees – application to the court for advice and authority – nature of and principles governing judicial advice – construction of trust – construction of testamentary trust – rules on intestacy Legislation Cited: Succession Act 2006 (NSW) Trustee Act 1925 (NSW) Cases Cited: Australian Youth & Health Foundation v Perpetual Trustee Company Ltd [2017] NSWCA 127 Fell v Fell (1922) 31 CLR 268 Hyde v Holland [2003] NSWSC 733 In Re Beddoe (1893) 1 Ch D 547 In Re Wragg [1959] 1 WLR 922 James v Douglas [2016] NSWCA 178 Jax Quickfit Franchising Systems Pty Ltd as Trustee for the Jax Quickfit Franchising Systems Unit Trust [2012] NSWSC 1114 Kirby-Smith v Parnell [1903] 1 Ch 483 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 Marks v Pope [2001] NSWSC 105 Northey v Juul [2014] NSWSC 464 Perpetual Investment Management Ltd as Responsible Entity for 10 Schemes listed in the Summons [2014] NSWSC 784 Re Application of Macedonian Orthodox Community Church St Petka Inc (No 3) [2006] NSWSC 1247 Re Rosewood Research Pty Ltd (No 2) [2014] NSWSC 1226 Re Wragg [1959] 1 WLR 922 Re: Application of the Anglican Property Trust Diocese of Bathurst [2016] NSWSC 13 Category: Principal judgment Parties: Gregory Joseph Mills (plaintiff) Julie Elizabeth Mills (first defendant) Representation: Counsel: R Higgins (plaintiff)