Young 107188/1991 Trust v NO DEFENDANT [2024] NSWSC 1488

Young 107188/1991 Trust v NO DEFENDANT [2024] NSWSC 1488

The claimed 'birthright inheritance estate' is not an estate interest or property recognised at law or equity, nor is a birth certificate a security or property capable of being assigned; therefore, the proceedings disclose no reasonable cause of action and should be dismissed under rule 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW).

Parties
Plaintiff: Young 107188/1991 Trust
Jurisdiction
Australia
Judgment Date
21 November 2024
Procedural Posture
Civil / Summary Dismissal
Outcome
summons dismissed
Legal Topics
Summary Disposal, Equitable Interests in Property
Equity Civil Procedure Summary Disposal Equitable Interests in Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1
Sign in to unlock

Parties

Young 107188/1991 Trust

Plaintiff

Procedural Posture

Civil / Summary Dismissal

Legal Issues

  1. 1 Whether the birth certificate constitutes an assignable security or property interest giving rise to an equitable estate or trust
  2. 2 Whether the proceedings disclose a reasonable cause of action

Ratio Decidendi

The claimed 'birthright inheritance estate' is not an estate interest or property recognised at law or equity, nor is a birth certificate a security or property capable of being assigned; therefore, the proceedings disclose no reasonable cause of action and should be dismissed under rule 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

summons dismissed

Orders

  • The summons is dismissed.
  • The exhibit will be returned.