The application of M & L Richardson Pty Limited [2021] NSWSC 105

The application of M & L Richardson Pty Limited [2021] NSWSC 105

Both elements required by the case law (existence of executed deed and terms established by secondary evidence) are satisfied; thus the trustee is entitled to administer the trust in accordance with the unexecuted copy of the trust deed.

Jurisdiction
Australia
Judgment Date
18 February 2021
Procedural Posture
Application for Judicial Advice / Judgment
Outcome
Judicial advice granted: trustee justified in administering trust per unexecuted deed.
Legal Topics
['trusts and Trustees' 'judicial Advice' 'lost Executed Trust Deed']
['equity'] ['trusts and Trustees' 'judicial Advice' 'lost Executed Trust Deed']

Case Brief

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Procedural Posture

Application for Judicial Advice / Judgment

Legal Issues

  1. 1 ['Whether the trustee is justified in administering the trust in accordance with the unexecuted copy of the trust deed']

Ratio Decidendi

Both elements required by the case law (existence of executed deed and terms established by secondary evidence) are satisfied; thus the trustee is entitled to administer the trust in accordance with the unexecuted copy of the trust deed.

Court Disposition

Judicial advice granted: trustee justified in administering trust per unexecuted deed.

Orders

  • ['The plaintiff, M & L Richardson Pty Limited ACN 137 882 592, pursuant to s 63 of the Trustee Act 1925 (NSW), is justified in managing and administering the trust estate known as the M & L Richardson Family Trust pursuant to the terms exhibited at pages 13 to 53 of Exhibit MR1 of the affidavit of M A Richardson...