Weir v Matthews [2001] NSWSC 824

Weir v Matthews [2001] NSWSC 824

The first defendant was removed as trustee because she had been declared bankrupt, there were no particular circumstances against removal, there were two other trustees including a solicitor, and the remaining trust assets could be sold relatively easily; no further trustee was appointed because it had not been shown to be necessary or expedient under s 70 of the Trustee Act 1925.

Jurisdiction
Australia
Judgment Date
13 September 2001
Procedural Posture
Application by Beneficiaries of the Trust of a Will for Removal of a Trustee / Judgment on Notice of Motion
Outcome
Order made removing the first defendant as trustee; application to appoint a further trustee not granted at this stage.
Legal Topics
['removal of Trustees' 'bankrupt Trustee' 'appointment of New Trustee' 'trustee Act 1925, S 70']
['equity' 'trusts'] ['removal of Trustees' 'bankrupt Trustee' 'appointment of New Trustee' 'trustee Act 1925, S 70']

Case Brief

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Procedural Posture

Application by Beneficiaries of the Trust of a Will for Removal of a Trustee / Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether the first defendant should be removed as trustee because she had been declared bankrupt.' 'Whether a further trustee should be appointed in place of the first defendant.']

Ratio Decidendi

The first defendant was removed as trustee because she had been declared bankrupt, there were no particular circumstances against removal, there were two other trustees including a solicitor, and the remaining trust assets could be sold relatively easily; no further trustee was appointed because it had not been shown to be necessary or expedient under s 70 of the Trustee Act 1925.

Court Disposition

Order made removing the first defendant as trustee; application to appoint a further trustee not granted at this stage.

Orders

  • ['Order 1 in the notice of motion made.' 'The first defendant is to pay the costs of the motion.' 'The trustees are to notify the first defendant and Stephen Matthews at least fourteen days before any proposed auction of any of the estate properties.']