28 Mar 2019
On the unchallenged evidence the plaintiff retained beneficial ownership; the Court has equitable jurisdiction and statutory power under s52(1)(h) Trustee Act 1956 to vest legal title in the beneficiary; s64 was inapt but that error did not preclude granting the vesting order; accordingly the Court ordered legal title vested in the plaintiff subject to the existing mortgage.
20 Apr 2016
The Court refused the application because it was not satisfied that expending approximately 17% of the trust capital to fund the mother's legal representation in Family Court was in the best interests of the beneficiary; the proposed unsecured loan was also inappropriate given lack of capacity to repay and loss of interest to the trust.
15 Dec 2009
Because the proposed Deed of Variation accorded with the wishes of all present beneficiaries and counsel for potential beneficiaries considered it appropriate, the Court exercised its statutory powers under ss 64 and 64A of the Trustee Act 1956 to approve and order the variation of the Trust Deed dated 28 September 2009.