Blackman v Permanent Trustee Co Ltd [2003] NSWSC 305

Blackman v Permanent Trustee Co Ltd [2003] NSWSC 305

The Court has power under s 63 of the Trustee Act 1925 (and Pt 68 of the Supreme Court Rules) to authorise the trustee to lend the plaintiff $33,000 on an unsecured basis, repayable after final orders, with interest only if not repaid within one month, pending resolution of the estate and Family Provision Act claims. The application under s 9(5) of the Family Provision Act 1982 was not available as the preconditions were not satisfied.

Jurisdiction
Australia
Judgment Date
07 April 2003
Procedural Posture
Administration Suit / Family Provision Act Application / Interlocutory Application for Interim Provision and Directions
Outcome
Application for loan approved; extension of time granted; directions as to evidence and hearing made.
Legal Topics
["trustees' Powers" 'family Provision' 'interim Distribution' 'administration of Estates']
['equity' 'succession Law'] ["trustees' Powers" 'family Provision' 'interim Distribution' 'administration of Estates']

Case Brief

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Procedural Posture

Administration Suit / Family Provision Act Application / Interlocutory Application for Interim Provision and Directions

Legal Issues

  1. 1 ['Whether the Court can authorise an interim distribution to a beneficiary pending resolution of Family Provision Act proceedings' 'Whether the trustee is justified in making an unsecured loan to the plaintiff out of the estate' 'Whether the plaintiff should receive an extension of time for her Family Provision Act application']

Ratio Decidendi

The Court has power under s 63 of the Trustee Act 1925 (and Pt 68 of the Supreme Court Rules) to authorise the trustee to lend the plaintiff $33,000 on an unsecured basis, repayable after final orders, with interest only if not repaid within one month, pending resolution of the estate and Family Provision Act claims. The application under s 9(5) of the Family Provision Act 1982 was not available as the preconditions were not satisfied.

Court Disposition

Application for loan approved; extension of time granted; directions as to evidence and hearing made.

Orders

  • ['The trustee is justified in making an unsecured loan of $33,000 to the plaintiff, repayable after final orders, with no interest if repaid within one month, otherwise at judgment rate.' "Extension of time for plaintiff's Family Provision Act application to 14 April 2003 granted." 'Directions for filing and service...