In the application of Brailey Holdings Pty Limited ACN 001 190 441 [2018] NSWSC 1493

In the application of Brailey Holdings Pty Limited ACN 001 190 441 [2018] NSWSC 1493

The Court held that the Trustee had brought clear and convincing proof of both the existence and the contents of the GTB No 2 and GTB No 3 trust deeds—namely that, aside from references to the particular beneficiaries, they were in the same terms as the GTB No 4 trust deed in evidence. The Trustee is entitled to administer the trusts in accordance with the reconstructed (facsimile) deeds.

Jurisdiction
Australia
Judgment Date
04 October 2018
Procedural Posture
Application for Judicial Advice / Hearing and Ex Tempore Judgment
Outcome
Judicial advice given in favour of the plaintiff trustee
Legal Topics
['trusts' 'trustees' 'judicial Advice' 'lost Trust Deeds']
['equity'] ['trusts' 'trustees' 'judicial Advice' 'lost Trust Deeds']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Judicial Advice / Hearing and Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the Court should give judicial advice that the plaintiff is justified in administering two family trusts in accordance with reconstructed trust deeds where the original trust deeds are lost']

Ratio Decidendi

The Court held that the Trustee had brought clear and convincing proof of both the existence and the contents of the GTB No 2 and GTB No 3 trust deeds—namely that, aside from references to the particular beneficiaries, they were in the same terms as the GTB No 4 trust deed in evidence. The Trustee is entitled to administer the trusts in accordance with the reconstructed (facsimile) deeds.

Court Disposition

Judicial advice given in favour of the plaintiff trustee

Orders

  • ['The Trustee is entitled to administer the GTB No 2 Trust and GTB No 3 Trust in accordance with the reconstructed (facsimile) trust deeds.']