Barp Nominees Pty Ltd [2016] NSWSC 990

Barp Nominees Pty Ltd [2016] NSWSC 990

The Court was satisfied by secondary and direct evidence (including company records and witness testimony) that the Sandrin Family Trust deed existed and was mirrored by the Cisera trust deed; therefore, the trustee was justified in managing and administering the trust according to the reconstructed terms.

Parties
Plaintiff: Barp Nominees Pty Ltd
Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Application for Judicial Advice Under Trustee Act / Final Judgment
Outcome
Judicial advice granted
Legal Topics
Lost Trust Deed, Judicial Advice to Trustee, Proof of Contents of Lost Document
Equity Trusts Lost Trust Deed Judicial Advice to Trustee Proof of Contents of Lost Document

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 3 Party arguments 1
Sign in to unlock

Parties

Barp Nominees Pty Ltd

Plaintiff

Procedural Posture

Application for Judicial Advice Under Trustee Act / Final Judgment

Legal Issues

  1. 1 Whether the trustee is justified in administering the Sandrin Family Trust on the basis of the reconstructed deed contents

Ratio Decidendi

The Court was satisfied by secondary and direct evidence (including company records and witness testimony) that the Sandrin Family Trust deed existed and was mirrored by the Cisera trust deed; therefore, the trustee was justified in managing and administering the trust according to the reconstructed terms.

Court Disposition

Judicial advice granted

Orders

  • Order pursuant to Section 63 of the Trustee Act 1925 (NSW) that Barp Nominees Pty Ltd (ACN 001 258 519) is justified in managing and administering the trust estate known as the Sandrin Family Trust which was established in 1974 pursuant to the terms annexed and marked 'A' to the orders.
  • Order that the costs of these proceedings be borne by, and paid out of the income and/or capital of the Sandrin Family Trust on an indemnity basis.