Wright v Stevens [2018] NSWSC 548

Wright v Stevens [2018] NSWSC 548

The George and Annie Cork Trust is a private discretionary trust, not a charitable trust. The Plaintiff, as a person eligible to be appointed as a Beneficiary, is entitled to seek disclosure of trust documents necessary for proper administration under both the Court's inherent jurisdiction and UCPR r 54.3. The Court's discretion to order access is to be exercised in his favour, subject to parties agreeing (or the Court determining) the scope of documents and conditions of access.

Parties
Plaintiff: Nicholas Delpratt Wright; First Defendant: Beryl Joan Stevens; Second Defendant: Attorney-General of New South Wales
Jurisdiction
Australia
Judgment Date
03 May 2018
Procedural Posture
Proceedings by Summons and Cross Summons in Equity / Judgment After Final Hearing; Stands Over for Final Orders and Costs
Outcome
The Plaintiff is entitled to access specified trust documents; the matter is stood over for final orders and determination of costs.
Legal Topics
Disclosure of Trust Documents, Trustee Duties, Standing of Potential Beneficiaries, Trust Construction, Charitable Versus Private Discretionary Trusts, Trust Administration, Inherent Jurisdiction of Equity
Equity Trusts Disclosure of Trust Documents Trustee Duties Standing of Potential Beneficiaries Trust Construction Charitable Versus Private Discretionary Trusts Trust Administration +1 more

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Parties

Nicholas Delpratt Wright

Plaintiff

Beryl Joan Stevens

First Defendant

Attorney-General of New South Wales

Second Defendant

Procedural Posture

Proceedings by Summons and Cross Summons in Equity / Judgment After Final Hearing; Stands Over for Final Orders and Costs

Legal Issues

  1. 1 Whether the George and Annie Cork Trust is a private discretionary trust, a charitable trust, or invalid
  2. 2 Whether the Court should compel the trustee to provide information and documents to a potential object
  3. 3 Whether the Plaintiff is eligible to be appointed a Beneficiary and to seek disclosure

Ratio Decidendi

The George and Annie Cork Trust is a private discretionary trust, not a charitable trust. The Plaintiff, as a person eligible to be appointed as a Beneficiary, is entitled to seek disclosure of trust documents necessary for proper administration under both the Court's inherent jurisdiction and UCPR r 54.3. The Court's discretion to order access is to be exercised in his favour, subject to parties agreeing (or the Court determining) the scope of documents and conditions of access.

Court Disposition

The Plaintiff is entitled to access specified trust documents; the matter is stood over for final orders and determination of costs.

Orders

  • The Court answers the issues as summarised at [335]: the Trust is a private discretionary trust; the Plaintiff is entitled to seek disclosure; the parties are to attempt agreement on the documents and conditions for disclosure, failing which the Court will determine them.
  • The matter is stood over to a date to be appointed to make final orders and to determine any outstanding issues, including costs.