Bailey v Bailey [2009] NSWSC 1018

Bailey v Bailey [2009] NSWSC 1018

Jenny Lee Bailey has endangered trust property by mortgaging and remortgaging the property and using proceeds for personal benefit, and her continued trusteeship would prevent proper execution of the trust; it is expedient to remove her as trustee under Trustee Act 1925 s 70 and inherent jurisdiction.

Parties
Plaintiff: Arnold Neil Bailey; Defendant: Jenny Lee Bailey
Jurisdiction
Australia
Judgment Date
25 September 2009
Procedural Posture
Equity / Removal of Trustee Final Disposition
Outcome
Defendant removed as trustee and replacement appointed
Legal Topics
Removal of Trustees, Inherent Jurisdiction, Trustee Act 1925 S 70
Equity Trusts Removal of Trustees Inherent Jurisdiction Trustee Act 1925 S 70

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Parties

Arnold Neil Bailey

Plaintiff

Jenny Lee Bailey

Defendant

Procedural Posture

Equity / Removal of Trustee Final Disposition

Legal Issues

  1. 1 Whether Jenny Lee Bailey should be removed as trustee of the Bailey Family Trust under Trustee Act 1925 s 70 and/or inherent jurisdiction of the Court

Ratio Decidendi

Jenny Lee Bailey has endangered trust property by mortgaging and remortgaging the property and using proceeds for personal benefit, and her continued trusteeship would prevent proper execution of the trust; it is expedient to remove her as trustee under Trustee Act 1925 s 70 and inherent jurisdiction.

Court Disposition

Defendant removed as trustee and replacement appointed

Orders

  • Jenny Lee Bailey removed as trustee of the Bailey Family Trust
  • Daniel Neil Bailey appointed trustee in substitution for Jenny Lee Bailey