Re Louis Contini Foundation Trust [2004] NSWSC 881

Re Louis Contini Foundation Trust [2004] NSWSC 881

Given the death of original and substitute trustees and that the applicants were those with a vested interest, the court appointed new trustees under s 92 of the Trustee Act 1925. Relief from liability for acting as trustees de son tort was not granted on this ex parte application due to insufficient evidence. Costs are to be paid from the trust assets.

Jurisdiction
Australia
Judgment Date
15 September 2004
Procedural Posture
Application for Appointment of New Trustees / Hearing and Judgment on Application
Outcome
New trustees appointed. Relief from liability denied. Costs to be paid from trust assets.
Legal Topics
['appointment of New Trustees' 'trustees De Son Tort' 'relief From Liability' 'trust Administration' 'costs of Proceedings']
['equity' 'trusts'] ['appointment of New Trustees' 'trustees De Son Tort' 'relief From Liability' 'trust Administration' 'costs of Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Appointment of New Trustees / Hearing and Judgment on Application

Legal Issues

  1. 1 ['Whether to appoint new trustees for the Louis Contini Foundation Trust' 'Whether applicants (trustees de son tort) should be relieved from liability under section 85 of the Trustee Act 1925' 'Who should bear the costs of the application']

Ratio Decidendi

Given the death of original and substitute trustees and that the applicants were those with a vested interest, the court appointed new trustees under s 92 of the Trustee Act 1925. Relief from liability for acting as trustees de son tort was not granted on this ex parte application due to insufficient evidence. Costs are to be paid from the trust assets.

Court Disposition

New trustees appointed. Relief from liability denied. Costs to be paid from trust assets.

Orders

  • ['New trustees are appointed for the Louis Contini Foundation Trust in accordance with paragraphs 3 and 4 of the summons.' 'Relief under section 85 Trustee Act 1925 is refused, without prejudice to a future application.' 'Applicants’ costs to be paid from the Louis Contini Foundation Trust.']