Global Custodians Ltd v Mesh [2002] NSWSC 283

Global Custodians Ltd v Mesh [2002] NSWSC 283

Powers to amend the trust under the deed are to be strictly construed and the present deed does not permit retrospective amendments; locus standi was affirmed for the plaintiffs to obtain the relevant declarations; orders were made resolving key issues to facilitate appellate process and clarify parties' rights under the trust.

Jurisdiction
Australia
Judgment Date
04 April 2002
Procedural Posture
Equity Trusts – Amendment of Trust Deed / Orders Following Reasons for Judgment; Final and Machinery Orders
Outcome
Final orders made; machinery orders reserved for further argument.
Legal Topics
['amendment of Trust Deed' 'power to Amend Trust' 'strict Construction of Trust Amendment Powers']
['equity' 'trusts'] ['amendment of Trust Deed' 'power to Amend Trust' 'strict Construction of Trust Amendment Powers']

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Procedural Posture

Equity Trusts – Amendment of Trust Deed / Orders Following Reasons for Judgment; Final and Machinery Orders

Legal Issues

  1. 1 ['Construction and exercise of power to amend trust deeds' 'Locus standi to seek orders relating to trust' 'Appointment of receiver for trust property']

Ratio Decidendi

Powers to amend the trust under the deed are to be strictly construed and the present deed does not permit retrospective amendments; locus standi was affirmed for the plaintiffs to obtain the relevant declarations; orders were made resolving key issues to facilitate appellate process and clarify parties' rights under the trust.

Court Disposition

Final orders made; machinery orders reserved for further argument.

Orders

  • ['Orders 1, 2, 3, 6(a), 7, 7A, 10, 11, 12, 13, 14 and 15 in proceedings 2539/98 and 3156/99 as per signed short minutes.' 'Orders as per initialled short minutes in proceeding 3354/99.' 'Receiver appointment question reserved until next hearing.']