Kinsela v Caldwell [1975] HCA 10

Kinsela v Caldwell [1975] HCA 10

Clause 4(d) of the deed of trust is not void for uncertainty, as the class of beneficiaries will be ascertainable at the relevant date under the law of New South Wales relating to intestate succession; s. 29B of the Conveyancing Act 1919 (NSW) has no application to the clause.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Judgment
Outcome
appeal dismissed with costs
Legal Topics
['certainty of Trusts' 'intestacy' 'construction of Trust Deeds']
['trusts' 'equity'] ['certainty of Trusts' 'intestacy' 'construction of Trust Deeds']

Case Brief

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Procedural Posture

Appeal / High Court Judgment

Legal Issues

  1. 1 ['Whether cl. 4(d) of the deed of trust is void for uncertainty' 'Whether cl. 4(d) is void by reason of s. 29B of the Conveyancing Act, 1919 (NSW)']

Ratio Decidendi

Clause 4(d) of the deed of trust is not void for uncertainty, as the class of beneficiaries will be ascertainable at the relevant date under the law of New South Wales relating to intestate succession; s. 29B of the Conveyancing Act 1919 (NSW) has no application to the clause.

Court Disposition

appeal dismissed with costs

Orders

  • ['The appeal is dismissed with costs.']