Saul & Ors v Lin (No 2) [2004] NSWSC 332

Saul & Ors v Lin (No 2) [2004] NSWSC 332

The Court should not appoint relatives or the Protective Commissioner as new trustee due to risk of partiality, conflict, and lack of authority under s.71(1) for general administration; Public Trustee should be appointed as new trustee for impartial administration.

Source-derived case information.

Parties
First Plaintiff: Jennifer Suzie Saul; Plaintiff: Hannah Saul by her Tutor M.P. Saul; Plaintiff: Alexander Saul by his Tutor M.P. Saul; Defendant: Tsung Chen Lin
Jurisdiction
Australia
Judgment Date
23 April 2004
Procedural Posture
Trust Appointment/removal Proceedings / Post Removal Judgment, Appointment of New Trustee
Outcome
Public Trustee to be appointed as new trustee of the trust; proceedings stood over for Short Minutes of Order and argument on costs.
Legal Topics
Appointment of New Trustees, Protected Estate Management, Impartiality of Trustees, Construction of S.71 Protected Estates Act, Removal of Incapacitated Trustee
Equity Trusts Protected Estates Appointment of New Trustees Protected Estate Management Impartiality of Trustees Construction of S.71 Protected Estates Act Removal of Incapacitated Trustee

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Parties

Jennifer Suzie Saul

First Plaintiff

Hannah Saul by her Tutor M.P. Saul

Plaintiff

Alexander Saul by his Tutor M.P. Saul

Plaintiff

Tsung Chen Lin

Defendant

Procedural Posture

Trust Appointment/removal Proceedings / Post Removal Judgment, Appointment of New Trustee

Legal Issues

  1. 1 Whether persons with close family ties to beneficiaries should be appointed as new trustees
  2. 2 Whether Public Trustee or Protective Commissioner should be appointed
  3. 3 Whether a general order can be made under s.71(1) Protected Estates Act for administration of the trust

Ratio Decidendi

The Court should not appoint relatives or the Protective Commissioner as new trustee due to risk of partiality, conflict, and lack of authority under s.71(1) for general administration; Public Trustee should be appointed as new trustee for impartial administration.

Court Disposition

Public Trustee to be appointed as new trustee of the trust; proceedings stood over for Short Minutes of Order and argument on costs.

Orders

  • Public Trustee to be appointed as new trustee in place of Defendant.
  • Proposed trustees by Plaintiffs not appointed.