Meier v Dorzan Pty Limited & Anor [2010] NSWSC 664

Meier v Dorzan Pty Limited & Anor [2010] NSWSC 664

The purported appointments of Mr Meier, Mr Peter Meier and Mrs Meier as trustees were ineffective because the trust deed required a constitutional corporation as trustee and as any replacement trustee. Dorzan Pty Limited therefore remained trustee, the Fund did not vest by merger, and the properties acquired and developed with Fund money and intended as Fund assets were trust property. It was appropriate under the Trustee Act 1925 (NSW) to appoint RCL Superannuation Pty Ltd as replacement trustee and appoint the plaintiff to transfer the properties to it.

Jurisdiction
Australia
Judgment Date
15 June 2010
Procedural Posture
Equity Proceeding Concerning Appointment of a New Trustee and Transfer of Trust Property of a Superannuation Fund / Principal Judgment; Ex Tempore Judgment
Outcome
Declarations and orders made appointing RCL Superannuation Pty Ltd as trustee, requiring transfer of two properties to it, and requiring the plaintiff to pay her own costs.
Legal Topics
['appointment of New Trustee' 'superannuation Fund Trust Deed' 'invalid Appointment of Natural Persons as Trustees' 'trustees De Son Tort' 'vesting and Transfer of Trust Property' 'trustee Act 1925 (nsw) Ss 70 and 79']
['equity' 'trusts and Trustees' 'superannuation' 'property'] ['appointment of New Trustee' 'superannuation Fund Trust Deed' 'invalid Appointment of Natural Persons as Trustees' 'trustees De Son Tort' 'vesting and Transfer of Trust Property' 'trustee Act 1925 (nsw) Ss 70 and 79']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceeding Concerning Appointment of a New Trustee and Transfer of Trust Property of a Superannuation Fund / Principal Judgment; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether purported appointments of natural persons as trustees of the Meier Superannuation Fund were effective under a trust deed requiring a constitutional corporation as trustee.' 'Whether Dorzan Pty Limited remained trustee of the Meier Superannuation Fund from 31 March 2000 and whether the Fund had vested by merger.' 'Whether the Singleton Heights and Singleton properties were trust property and should be transferred to a newly appointed corporate trustee.' 'Whether the Court should appoint RCL Superannuation Pty Ltd as trustee and appoint the plaintiff to convey the properties to it.']

Ratio Decidendi

The purported appointments of Mr Meier, Mr Peter Meier and Mrs Meier as trustees were ineffective because the trust deed required a constitutional corporation as trustee and as any replacement trustee. Dorzan Pty Limited therefore remained trustee, the Fund did not vest by merger, and the properties acquired and developed with Fund money and intended as Fund assets were trust property. It was appropriate under the Trustee Act 1925 (NSW) to appoint RCL Superannuation Pty Ltd as replacement trustee and appoint the plaintiff to transfer the properties to it.

Court Disposition

Declarations and orders made appointing RCL Superannuation Pty Ltd as trustee, requiring transfer of two properties to it, and requiring the plaintiff to pay her own costs.

Orders

  • ['A declaration that the first defendant has remained the trustee of the Meier Superannuation Fund from 31 March 2000 to date.' 'A declaration that the Meier Superannuation Fund has not vested.' 'An order that RCL Superannuation Pty Ltd be appointed under Trustee Act s 70 as the trustee of the Meier Superannuation...