Dawson v Perpetual Trustee Co (Ltd) [1953] HCA 83

Dawson v Perpetual Trustee Co (Ltd) [1953] HCA 83

The Perpetual Trustee Company (Limited) is one of the trustees of the New Zealand estate as well as the Australian estate, under the terms of the will, which defines 'my Colonial Trustees' as including the trustee company and the sons. As both are within the jurisdiction and the estate is being administered by the court, it is proper for the Court to inquire as to whether they should take any and, if so, what steps to get in the testator's estate in New Zealand. The appeal is dismissed.

Parties
Appellant: Stuart Stewart Dawson; Plaintiff Respondent: Perpetual Trustee Company (Limited); Defendants Respondents: Union Trustee Co. of Australia Ltd. and C. Don Service; Defendant: Percy Stewart Dawson; Defendant: Norman Dawson; Defendant: Alexander Ewan Campbell (Official Assignee); Defendant: Stewart Dawson Holdings Pty. Ltd.; Defendant: Stewart Dawson Pitt Street Pty. Ltd. (In liquidation); Defendant: Stewart Dawson Strand Property Pty. Ltd.; Defendant: Stewart Dawson Investments Pty. Ltd.
Jurisdiction
Australia
Judgment Date
03 December 1953
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Administration of Deceased Estates, Appointment of Trustees and Executors, Jurisdiction Over Foreign Assets, Construction of Wills
Succession Law Trusts and Equity Conflict of Laws Administration of Deceased Estates Appointment of Trustees and Executors Jurisdiction Over Foreign Assets Construction of Wills

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Parties

Stuart Stewart Dawson

Appellant

Perpetual Trustee Company (Limited)

Plaintiff Respondent

Union Trustee Co. of Australia Ltd. and C. Don Service

Defendants Respondents

Percy Stewart Dawson

Defendant

Norman Dawson

Defendant

Alexander Ewan Campbell (Official Assignee)

Defendant

Stewart Dawson Holdings Pty. Ltd.

Defendant

Stewart Dawson Pitt Street Pty. Ltd. (In liquidation)

Defendant

Stewart Dawson Strand Property Pty. Ltd.

Defendant

Stewart Dawson Investments Pty. Ltd.

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Perpetual Trustee Company (Limited) is a trustee of the New Zealand estate under the will
  2. 2 Whether the Supreme Court of New South Wales can order an inquiry regarding the administration or collection of the New Zealand estate
  3. 3 Construction of the testator’s will as to appointment of trustees and executors for assets in Australia, New Zealand and elsewhere

Ratio Decidendi

The Perpetual Trustee Company (Limited) is one of the trustees of the New Zealand estate as well as the Australian estate, under the terms of the will, which defines 'my Colonial Trustees' as including the trustee company and the sons. As both are within the jurisdiction and the estate is being administered by the court, it is proper for the Court to inquire as to whether they should take any and, if so, what steps to get in the testator's estate in New Zealand. The appeal is dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.