Chin Kwun Kwong v Dennis Ming Chung Low [2018] NSWSC 719

Chin Kwun Kwong v Dennis Ming Chung Low [2018] NSWSC 719

Because the parties had agreed on the proposed terms of the trust orders except for the proposed audio/audio-visual recording clause, and because that clause was unorthodox, unlikely to ameliorate tensions and would inappropriately fetter how trustees conduct meetings, it was appropriate to make the consent orders...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 May 2018
Procedural Posture
Equity Proceedings Concerning the Sze Yup Kwan Ti Temple Trust and Whether the Proceedings Were Charitable Trust Proceedings / Principal Judgment Making Consent Orders After a Preliminary Question Was Set Down; Costs Remained to Be Determined
Outcome
Consent orders in Schedule A were made; the proposed audio/audio-visual recording clause was not included; costs remained in dispute and to be determined.
Legal Topics
['charitable Trust Proceedings' 'trust Deed Construction' 'trustee Powers' 'consent Orders' 'recording Trustee Meetings' 'bona Vacantia']
['equity' 'trusts' 'charitable Trusts'] ['charitable Trust Proceedings' 'trust Deed Construction' 'trustee Powers' 'consent Orders' 'recording Trustee Meetings' 'bona Vacantia']

Source-derived case record

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Procedural Posture

Equity Proceedings Concerning the Sze Yup Kwan Ti Temple Trust and Whether the Proceedings Were Charitable Trust Proceedings / Principal Judgment Making Consent Orders After a Preliminary Question Was Set Down; Costs Remained to Be Determined

Legal Issues

  1. 1 ['Whether the proceedings concerning the Temple trust were charitable trust proceedings within the meaning of s 5(2)(b) of the Charitable Trusts Act 1993 (NSW).' 'Whether the final orders should include a provision permitting any trustee to record trustee meetings by audio or audio-visual means.' 'Whether it was appropriate to make orders declaring the terms of the trust and conferring trustee powers in the form prepared by the Attorney-General and consented to by the parties.']

Ratio Decidendi

Because the parties had agreed on the proposed terms of the trust orders except for the proposed audio/audio-visual recording clause, and because that clause was unorthodox, unlikely to ameliorate tensions and would inappropriately fetter how trustees conduct meetings, it was appropriate to make the consent orders prepared by the Attorney-General without that clause.

Court Disposition

Consent orders in Schedule A were made; the proposed audio/audio-visual recording clause was not included; costs remained in dispute and to be determined.

Orders

  • ['Without prejudice to any right of any party to apply to the Court in respect of issues relating to who the trustees are, should be or could in future be, the Court declares that the land comprising the five lots described in Folio Identifiers 1/996302, 3/60442, 1/34634, 22/71147 and 1/18115 is held upon charitable...