Application by John Gerard Klumper and Maxine Louise Klumper [2003] NSWSC 909

Application by John Gerard Klumper and Maxine Louise Klumper [2003] NSWSC 909

It is appropriate for the court to appoint the plaintiffs as trustees under s.151C of the Conveyancing Act 1919 for the lands registered to their minor children, conferring on them the statutory powers of management (including leasing for up to three years) but refusing the broader and practically unrestricted powers proposed in the draft trust deeds; no general power of sale or leasing beyond the statutory provision is conferred.

Jurisdiction
Australia
Judgment Date
03 November 2003
Procedural Posture
Application / Judgment
Outcome
Trustees appointed under s.151C Conveyancing Act 1919; application for wider powers refused.
Legal Topics
['infants and Children' 'property Management' 'trustees' 'powers of Trustees' "minor's Property"]
['equity' 'property Law'] ['infants and Children' 'property Management' 'trustees' 'powers of Trustees' "minor's Property"]

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Procedural Posture

Application / Judgment

Legal Issues

  1. 1 ['Whether and how trustees should be appointed to manage land registered to minors' "Scope of powers to be granted to trustees managing minors' property"]

Ratio Decidendi

It is appropriate for the court to appoint the plaintiffs as trustees under s.151C of the Conveyancing Act 1919 for the lands registered to their minor children, conferring on them the statutory powers of management (including leasing for up to three years) but refusing the broader and practically unrestricted powers proposed in the draft trust deeds; no general power of sale or leasing beyond the statutory provision is conferred.

Court Disposition

Trustees appointed under s.151C Conveyancing Act 1919; application for wider powers refused.

Orders

  • ['Order that John Gerard Klumper and Maxine Louise Klumper be appointed trustees under s.151C of the Conveyancing Act 1919 for Mathew Klumper’s property (Lot 1 in Strata Plan 69241).' 'Order that John Gerard Klumper and Maxine Louise Klumper be appointed trustees under s.151C of the Conveyancing Act 1919 for Jean...