Batten v Salier [2023] NSWSC 378

Batten v Salier [2023] NSWSC 378

On the proper construction of the deceased's will, the plaintiff had an absolute, vested and indefeasible interest in the capital and income of the trust property held for his benefit. Having attained majority, he was entitled to terminate the trust under the rule in Saunders v Vautier and call for transfer of the property, income including accrued income, and any other trust asset.

Jurisdiction
Australia
Judgment Date
12 April 2023
Procedural Posture
Equity Proceedings Concerning Termination of a Trust by a Beneficiary / Principal Judgment on Amended Summons; Orders Made 12 April 2023
Outcome
Primary relief granted; declaration and transfer orders made; no order as to costs.
Legal Topics
['termination of Trusts' 'rule in Saunders V Vautier' 'beneficiary Entitled to Terminate Trust' 'transfer of Trust Property' 'removal and Appointment of Trustee']
['trusts' 'equity' 'succession'] ['termination of Trusts' 'rule in Saunders V Vautier' 'beneficiary Entitled to Terminate Trust' 'transfer of Trust Property' 'removal and Appointment of Trustee']

Case Brief

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Procedural Posture

Equity Proceedings Concerning Termination of a Trust by a Beneficiary / Principal Judgment on Amended Summons; Orders Made 12 April 2023

Legal Issues

  1. 1 ["Whether the plaintiff, having attained 18 years of age, was entitled under the rule in Saunders v Vautier to require termination of the trust created by the deceased's will in respect of the property at 19/8 Allen Street, Waterloo and its income." 'Whether orders should be made requiring transfer of the property, income and any other trust asset to the plaintiff.' 'Whether it was necessary to consider the alternative claim for removal of the second defendant as trustee and appointment of another trustee.']

Ratio Decidendi

On the proper construction of the deceased's will, the plaintiff had an absolute, vested and indefeasible interest in the capital and income of the trust property held for his benefit. Having attained majority, he was entitled to terminate the trust under the rule in Saunders v Vautier and call for transfer of the property, income including accrued income, and any other trust asset.

Court Disposition

Primary relief granted; declaration and transfer orders made; no order as to costs.

Orders

  • ['DECLARE that the Plaintiff is, and has been since he turned 18 years of age in April 2022, entitled to require the termination of the trust created by the will of the deceased in respect of the gift to him of the property at 19/8 Allen Street, Waterloo, New South Wales, being lot 19 in Strata Plan 84149, and the...