NSW Trustee and Guardian -v- Ralph Stern [2014] NSWSC 808

NSW Trustee and Guardian -v- Ralph Stern [2014] NSWSC 808

In light of the circumstances and events, it is appropriate for the court to give judicial advice that (1) the trustee is justified in settling $609,500 or a greater amount in a special disability trust for Carol Sekers; (2) the trustee is justified in not taking immediate steps to acquire an alternative residence for Carol as previously contemplated; and (3) the trustee is justified in expending up to $30,000 from trust funds to effect essential repairs to Carol's current residence, notwithstanding the uncertain duration of her occupation.

Jurisdiction
Australia
Judgment Date
28 May 2014
Procedural Posture
Application for Judicial Advice Under S 63 of the Trustee Act 1925 (nsw) / Ex Tempore Judgment
Outcome
Application for judicial advice granted
Legal Topics
['judicial Advice to Trustees' 'special Disability Trust' 'trustee Management of Trust Property' 'application of Trustee Act 1925 (nsw)']
['equity' 'trusts and Trustees'] ['judicial Advice to Trustees' 'special Disability Trust' 'trustee Management of Trust Property' 'application of Trustee Act 1925 (nsw)']

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Procedural Posture

Application for Judicial Advice Under S 63 of the Trustee Act 1925 (nsw) / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the trustee is justified in settling a specified sum in a special disability trust for the benefit of Carol Sekers' 'Whether the trustee is justified in not taking immediate steps to acquire an alternative residence for Carol Sekers as previously contemplated' 'Whether the trustee is justified in paying up to $30,000 for essential repairs to the property occupied by Carol Sekers']

Ratio Decidendi

In light of the circumstances and events, it is appropriate for the court to give judicial advice that (1) the trustee is justified in settling $609,500 or a greater amount in a special disability trust for Carol Sekers; (2) the trustee is justified in not taking immediate steps to acquire an alternative residence for Carol as previously contemplated; and (3) the trustee is justified in expending up to $30,000 from trust funds to effect essential repairs to Carol's current residence, notwithstanding the uncertain duration of her occupation.

Court Disposition

Application for judicial advice granted

Orders

  • ['The trustee is justified in settling the sum of $609,500 or such greater sum as may be able to be so held in a special disability trust in respect of the family provision claim made by Carol.' 'The trustee is presently justified in not taking any immediate steps to acquire a residence for Carol as contemplated by...