Hilton Myles v Hilton Peter Myles [2011] NSWSC 1184

Hilton Myles v Hilton Peter Myles [2011] NSWSC 1184

It is appropriate to give the trustee judicial advice to sell the property, pay all proper expenses from the proceeds, and pay the net balance to NSW Trustee to be held for the beneficiary, pursuant to s 47 of the Trustee Act 1925 (NSW).

Parties
Plaintiff: Hilton Myles; Defendant: Hilton Peter Myles
Jurisdiction
Australia
Judgment Date
07 October 2011
Procedural Posture
Application for Judicial Advice (trusts) / Judgment
Outcome
Judicial advice given; orders made for sale of property and removal of caveat.
Legal Topics
Trustee Powers, Judicial Advice to Trustee, Sale of Trust Property, Payment of Proceeds to NSW Trustee
Equity Trusts Trustee Powers Judicial Advice to Trustee Sale of Trust Property Payment of Proceeds to NSW Trustee

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Parties

Hilton Myles

Plaintiff

Hilton Peter Myles

Defendant

Procedural Posture

Application for Judicial Advice (trusts) / Judgment

Legal Issues

  1. 1 Whether the trustee may sell trust property and deposit sale funds with NSW Trustee for the beneficiary when the beneficiary cannot be contacted
  2. 2 Appropriate orders for removal of caveat to allow sale of property

Ratio Decidendi

It is appropriate to give the trustee judicial advice to sell the property, pay all proper expenses from the proceeds, and pay the net balance to NSW Trustee to be held for the beneficiary, pursuant to s 47 of the Trustee Act 1925 (NSW).

Court Disposition

Judicial advice given; orders made for sale of property and removal of caveat.

Orders

  • The plaintiff is at liberty to sell the property at Sefton by public auction for the best price reasonably obtainable.
  • The net proceeds of sale, after payment of all costs and expenses, are to be paid to the NSW Trustee and Guardian pursuant to s 47 of the Trustee Act 1925 (NSW) to be held on trust for the defendant.