Campbell v Campbell [2022] NSWSC 554

Campbell v Campbell [2022] NSWSC 554

The transactions of 24 November 1975 were effective to transfer the beneficial and legal title of the Mundooie land to the discretionary trust; the land forms part of the trust property. The requirements for a valid constructive trust were met and subsequent conduct and documentation confirm this. The application to bring forward the perpetuity date is granted under s 86A Trustee Act 1925 as all relevant parties (including minor beneficiaries via notice) either support or do not oppose the proposal, which is beneficial to all interested parties and enables practical and timely distribution of trust assets.

Parties
Plaintiff: Richard Birrell Campbell; First Defendant (2018/00184327); Plaintiff (2019/374756): Beth Campbell; Second Defendant (2018/00184327); Plaintiff (2019/374756): Carolyn Luise Campbell; Fourth Defendant (2019/374756): Alwyn Ian Tonking; Plaintiff (2018/00188534); First Defendant (2019/374756): John Bruce Campbell; First Plaintiff (2019/374756): Beth Frances Campbell; Second Defendant (2019/374756): Bruce Campbell Nominees Pty Ltd; Third Defendant (2019/374756): Richard Birrell Campbell; Fifth Defendant (2019/374756): John Campbell Nominees Pty Ltd ACN 646545282
Jurisdiction
Australia
Judgment Date
09 May 2022
Procedural Posture
Equity; Trusts; Estate / Principal Judgment Addressing Contested Issues About Trust Property and S 86 a Application Under Trustee Act 1925
Outcome
Application granted - Declaration and s 86A orders made.
Legal Topics
Discretionary Trusts, Estate Planning, Family Trusts, Vesting of Trusts, Death Duty Avoidance, Constructive Trusts, Bare Trusts, Family Disputes
Equity Trusts Succession Law Discretionary Trusts Estate Planning Family Trusts Vesting of Trusts Death Duty Avoidance +3 more

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Parties

Richard Birrell Campbell

Plaintiff

Beth Campbell

First Defendant (2018/00184327); Plaintiff (2019/374756)

Carolyn Luise Campbell

Second Defendant (2018/00184327); Plaintiff (2019/374756)

Alwyn Ian Tonking

Fourth Defendant (2019/374756)

John Bruce Campbell

Plaintiff (2018/00188534); First Defendant (2019/374756)

Beth Frances Campbell

First Plaintiff (2019/374756)

Bruce Campbell Nominees Pty Ltd

Second Defendant (2019/374756)

Richard Birrell Campbell

Third Defendant (2019/374756)

John Campbell Nominees Pty Ltd ACN 646545282

Fifth Defendant (2019/374756)

Procedural Posture

Equity; Trusts; Estate / Principal Judgment Addressing Contested Issues About Trust Property and S 86 a Application Under Trustee Act 1925

Legal Issues

  1. 1 Whether the Mundooie land was successfully beneficially transferred to the discretionary trust or remained with the transferor/estate; Whether the vesting of the discretionary trust should be brought forward from 2035 under Trustee Act 1925 s 86A

Ratio Decidendi

The transactions of 24 November 1975 were effective to transfer the beneficial and legal title of the Mundooie land to the discretionary trust; the land forms part of the trust property. The requirements for a valid constructive trust were met and subsequent conduct and documentation confirm this. The application to bring forward the perpetuity date is granted under s 86A Trustee Act 1925 as all relevant parties (including minor beneficiaries via notice) either support or do not oppose the proposal, which is beneficial to all interested parties and enables practical and timely distribution of trust assets.

Court Disposition

Application granted - Declaration and s 86A orders made.

Orders

  • Declaration that the contested Mundooie land is held on the trusts constituted by the Discretionary Trust and forms part of Trust Property.
  • Order pursuant to Trustee Act 1925 s 86A that the Perpetuity Date is to be brought forward from 24 November 2035 to a date to be settled/fixed by the Court, to facilitate early distribution of trust assets.