Application of DEK Technologies Pty Ltd as trustee for DEK Technologies Unit Trust & Ors [2023] NSWSC 544

Application of DEK Technologies Pty Ltd as trustee for DEK Technologies Unit Trust & Ors [2023] NSWSC 544

The trustees are justified in managing and administering their respective trusts according to secondary evidence of the terms and template deeds, as supported on a balance of probabilities; the Court has jurisdiction to provide judicial advice under cross-vesting legislation and inherent equitable powers, and the core terms of the trusts can be established notwithstanding the absence of the original deeds.

Parties
First Plaintiff: DEK Technologies Pty Ltd as trustee for DEK Technologies Unit Trust; Second Plaintiff: Drini Mulla as trustee for the Mulla Trust; Third Plaintiff: Kerim Tanovic as trustee for the Tanovic Trust; Fourth Plaintiff: Wisdom Consultancy (Vic) Pty Ltd as trustee for the Yim Tang Family Trust
Jurisdiction
Australia
Judgment Date
23 May 2023
Procedural Posture
Application for Judicial Advice by Trustees / Final Determination; Orders Made
Outcome
Judicial advice granted in favour of plaintiffs; trustees justified as per orders below
Legal Topics
Judicial Advice to Trustees, Lost Trust Deeds, Trust Administration, Cross Vesting Jurisdiction
Equity Trusts Law Judicial Advice to Trustees Lost Trust Deeds Trust Administration Cross Vesting Jurisdiction

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 4 Authorities cited 24 Party arguments 1 Amounts and remedies 7
Sign in to unlock

Parties

DEK Technologies Pty Ltd as trustee for DEK Technologies Unit Trust

First Plaintiff

Drini Mulla as trustee for the Mulla Trust

Second Plaintiff

Kerim Tanovic as trustee for the Tanovic Trust

Third Plaintiff

Wisdom Consultancy (Vic) Pty Ltd as trustee for the Yim Tang Family Trust

Fourth Plaintiff

Procedural Posture

Application for Judicial Advice by Trustees / Final Determination; Orders Made

Legal Issues

  1. 1 Whether the trustees are justified in managing and administering four related trusts where original trust deeds cannot be found
  2. 2 Whether the court has jurisdiction to grant judicial advice under cross-vesting legislation or inherent jurisdiction
  3. 3 Whether there is satisfactory evidence of the existence and terms of the trusts

Ratio Decidendi

The trustees are justified in managing and administering their respective trusts according to secondary evidence of the terms and template deeds, as supported on a balance of probabilities; the Court has jurisdiction to provide judicial advice under cross-vesting legislation and inherent equitable powers, and the core terms of the trusts can be established notwithstanding the absence of the original deeds.

Court Disposition

Judicial advice granted in favour of plaintiffs; trustees justified as per orders below

Orders

  • DEK Technologies Pty Ltd as trustee for DEK Technologies Unit Trust is justified in managing and administering trust according to the terms outlined in the letter from Paul Scopelliti dated 8 February 1999, specifically: unitholders are trustees of Mulla Trust, Tanovic Trust, Yim Tang Family Trust; discretionary...
  • Drini Mulla as trustee for the Mulla Trust is justified in managing and administering the trust as per pages 45–75 of Exhibit ST-1 to Shane Topping affidavit, with specified details: Queensland settlement, deed date 6 July 2001, trustee Drini Mulla, settlor ACIS Settlements Pty Ltd, settlement sum $10, applicable...