Augustus v Permanent Trustee Co (Canberra) Ltd [1971] HCA 25

Augustus v Permanent Trustee Co (Canberra) Ltd [1971] HCA 25

Clause 5 of the deed expresses an intention that the rights and liabilities of trustees and beneficiaries, and the administration of the trusts, be governed by the law of New South Wales. Therefore, the disposition in favour of the grandchildren is validated by s.36 of the Conveyancing Act 1919-1967 (NSW), applying twenty-one years as the age for vesting, and is not invalid for infringing the rule against perpetuities.

Jurisdiction
Australia
Procedural Posture
Appeal / Decision of High Court of Australia on Appeal From Supreme Court of the Australian Capital Territory
Outcome
Appeal allowed
Legal Topics
['trust Administration' 'choice of Law' 'rule Against Perpetuities']
['equity' 'trusts' 'conflict of Laws'] ['trust Administration' 'choice of Law' 'rule Against Perpetuities']

Case Brief

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Procedural Posture

Appeal / Decision of High Court of Australia on Appeal From Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 ["Whether the law of New South Wales or the law of the Australian Capital Territory governs the validity of a disposition in a settlement deed; Whether the disposition to the settlor's grandchildren is valid under the rule against perpetuities; Whether clause 5 of the deed expresses an intention that NSW law should apply, particularly s.36 of the Conveyancing Act 1919-1967 (NSW)"]

Ratio Decidendi

Clause 5 of the deed expresses an intention that the rights and liabilities of trustees and beneficiaries, and the administration of the trusts, be governed by the law of New South Wales. Therefore, the disposition in favour of the grandchildren is validated by s.36 of the Conveyancing Act 1919-1967 (NSW), applying twenty-one years as the age for vesting, and is not invalid for infringing the rule against perpetuities.

Court Disposition

Appeal allowed

Orders

  • ['Answers given by Supreme Court of the Australian Capital Territory to questions in the originating summons set aside.' 'In lieu thereof, answers to originating summons: Q.1(a)(i)—No; (ii)—Yes. Q.1(b)(i),(ii)—Do not arise; (iii)—[not specified]; Q.1(c)—Yes. Q.2—Does not arise. Q.3—Does not arise. Q.4—No. Q.5—No.'...