In the matter of David Michael Parsons [2017] NSWSC 349

In the matter of David Michael Parsons [2017] NSWSC 349

As the deceased had agreed by deed to transfer his share in the Maroubra property to his children and former wife for value paid, and had executed and delivered a transfer before his death, he held his share on constructive trust for them. Upon his death, with no trustee to administer that trust, it is expedient for the Court to appoint David Parsons as trustee and vest the deceased’s interest in him to facilitate sale and administration of the property.

Jurisdiction
Australia
Judgment Date
20 March 2017
Procedural Posture
Application Under Trustee Act 1925 (nsw) for Appointment of Trustee and Vesting Order / Final Orders on Originating Application
Outcome
Orders made as sought in short minutes by plaintiffs: declaration as to trust, appointment of trustee, vesting order under Trustees Act 1925 (NSW), ss 70 and 71.
Legal Topics
['trusts and Trustees' 'appointment of Trustees' 'constructive Trust' 'vesting Orders']
['equity'] ['trusts and Trustees' 'appointment of Trustees' 'constructive Trust' 'vesting Orders']

Case Brief

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Procedural Posture

Application Under Trustee Act 1925 (nsw) for Appointment of Trustee and Vesting Order / Final Orders on Originating Application

Legal Issues

  1. 1 ['Whether the late Eric Sidney Parsons held his interest in the Maroubra property on trust for Daphne Norma Parsons and their children pursuant to the 1985 Deed and payment of consideration' 'Whether it is appropriate to appoint David Michael Parsons as trustee of that share of the Maroubra property and make a vesting order under Trustees Act 1925 (NSW)']

Ratio Decidendi

As the deceased had agreed by deed to transfer his share in the Maroubra property to his children and former wife for value paid, and had executed and delivered a transfer before his death, he held his share on constructive trust for them. Upon his death, with no trustee to administer that trust, it is expedient for the Court to appoint David Parsons as trustee and vest the deceased’s interest in him to facilitate sale and administration of the property.

Court Disposition

Orders made as sought in short minutes by plaintiffs: declaration as to trust, appointment of trustee, vesting order under Trustees Act 1925 (NSW), ss 70 and 71.

Orders

  • ['Declaration that as at 10 November 2000 the late Eric Sidney Parsons held his Maroubra property interest on trust in equal one-eighth shares for Daphne Norma Parsons, David Michael Parsons, Michelle Parsons, and the late Katherine Jane Scott (nee Parsons)' 'Order pursuant to section 70 of the Trustees Act 1925...