Michael Victor Henley; In the Estate of Hedy Jadwiga Weinstock and Leo Arie Weinstock [2013] NSWSC 975

Michael Victor Henley; In the Estate of Hedy Jadwiga Weinstock and Leo Arie Weinstock [2013] NSWSC 975

Ami Weinstock is entitled under the rule in Saunders v Vautier to require the trustee, Mr Henley, to distribute in specie his aliquot share of 'A' and 'B' class Zipor shares from Hedy Weinstock's estate; no special circumstances exist to justify not complying with the Saunders v Vautier direction, and the trustee is required to transfer Ami's shares accordingly.

Jurisdiction
Australia
Judgment Date
22 July 2013
Procedural Posture
Judicial Advice Application / Principal Judgment
Outcome
Trustee required to make in specie distribution of Zipor shares from Hedy Weinstock's estate to Amiram David Weinstock. Directions given on potential distribution to Tamar Rivqa Beck. Proposed order for mediation.
Legal Topics
['judicial Advice to Trustee' 'rule in Saunders V Vautier' 'distribution of Shares in Specie' 'trusts for Sale' 'special Circumstances Exception']
['trusts' 'succession' 'equity'] ['judicial Advice to Trustee' 'rule in Saunders V Vautier' 'distribution of Shares in Specie' 'trusts for Sale' 'special Circumstances Exception']

Case Brief

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Procedural Posture

Judicial Advice Application / Principal Judgment

Legal Issues

  1. 1 ["Whether Ami Weinstock is entitled to call for an in specie distribution of Zipor shares from Hedy Weinstock's estate under the rule in Saunders v Vautier" 'Whether any special circumstances exist to displace operation of the rule and excuse trustee from complying with the direction']

Ratio Decidendi

Ami Weinstock is entitled under the rule in Saunders v Vautier to require the trustee, Mr Henley, to distribute in specie his aliquot share of 'A' and 'B' class Zipor shares from Hedy Weinstock's estate; no special circumstances exist to justify not complying with the Saunders v Vautier direction, and the trustee is required to transfer Ami's shares accordingly.

Court Disposition

Trustee required to make in specie distribution of Zipor shares from Hedy Weinstock's estate to Amiram David Weinstock. Directions given on potential distribution to Tamar Rivqa Beck. Proposed order for mediation.

Orders

  • ["Mr Henley (trustee) must distribute two 'A' class shares and one 'B' class share in Zipor Pty Ltd to Amiram David Weinstock." 'If Tamar Rivqa Beck directs transfer, trustee must transfer equivalent shares to her; if not, trustee is justified but not required in doing so.' 'Parties to bring in short minutes of...