Application by John Gerard Klumper and Maxine Louise Klumper [2003] NSWSC 854

Application by John Gerard Klumper and Maxine Louise Klumper [2003] NSWSC 854

Although the evidence did not give as much detail as would ordinarily be desirable about the benefit to the children, the Court inferred that the negotiated lease was for the benefit of the children and authorised it under s 50. The application to appoint trustees and confer broader powers over the minors' land was not pressed after discussion of difficulties concerning s 151C and general leasing powers, and was stood over.

Jurisdiction
Australia
Judgment Date
11 September 2003
Procedural Posture
Application Concerning Authorisation of a Lease of Minors' Property and Appointment of Trustees of Minors' Land / Ex Tempore Judgment in the Equity Division
Outcome
Lease of minors' property authorised; application to vest minors' real estate in trustees adjourned.
Legal Topics
["minors' Property" 'authorisation of Lease' 'section 50 Minors (property and Contracts) Act 1970' "vesting Minors' Real Estate in Trustees" 'general Powers of Leasing']
['equity' 'property' 'family Law and Child Welfare' 'conveyancing'] ["minors' Property" 'authorisation of Lease' 'section 50 Minors (property and Contracts) Act 1970' "vesting Minors' Real Estate in Trustees" 'general Powers of Leasing']

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Procedural Posture

Application Concerning Authorisation of a Lease of Minors' Property and Appointment of Trustees of Minors' Land / Ex Tempore Judgment in the Equity Division

Legal Issues

  1. 1 ['Whether the Court should authorise Mr Klumper under s 50 of the Minors (Property and Contracts) Act 1970 to execute a lease of property beneficially owned by minors.' 'Whether the parents should be appointed trustees of the two parcels of land under s 151C of the Conveyancing Act 1919 with powers including leasing powers.']

Ratio Decidendi

Although the evidence did not give as much detail as would ordinarily be desirable about the benefit to the children, the Court inferred that the negotiated lease was for the benefit of the children and authorised it under s 50. The application to appoint trustees and confer broader powers over the minors' land was not pressed after discussion of difficulties concerning s 151C and general leasing powers, and was stood over.

Court Disposition

Lease of minors' property authorised; application to vest minors' real estate in trustees adjourned.

Orders

  • ['Order 3 in the summons made.' 'Order made in terms of paragraph 4 of the short minutes of order initialled and dated by the Court.' 'The exhibits may be returned.' 'The application for orders appointing trustees of the land was stood over for a short time.']