Barp Nominees Pty Ltd

The applicant, Barp Nominees Pty Ltd, sought a declaration from the court regarding the contents of a lost trust deed. The deed was created by a deceased individual, and the applicant was named as trustee. The deceased's will directed that the trust assets be held on the same terms as those set out in the trust deed, however, the deed was lost, and the terms of the trust were unclear. The court was required to consider whether the applicant could rely on advice received from a judicial officer to manage and administer the trust.

The central issue before the court was whether the applicant could rely on the advice provided by a judicial officer, in the absence of the trust deed, to determine the basis for the management and administration of the trust. The court was also required to consider whether the applicant could prove the contents of the lost deed through evidence other than the deed itself. The applicant argued that the trust deed could be reconstructed based on the evidence of the terms of the trust, including the advice received from the judicial officer.

The court held that the applicant could rely on the advice provided by the judicial officer as a basis for managing and administering the trust. The court found that the advice was sufficient to establish the terms of the trust and that the applicant had discharged the onus of proving the contents of the lost deed by other means. The court held that the applicant could rely on evidence such as witness statements, correspondence, and other documents to prove the contents of the lost deed. The court granted the applicant's application and declared the terms of the trust based on the evidence presented.

The court ordered that the trust assets be held on the terms as declared by the court. The court also ordered that the applicant be entitled to remuneration for their services as trustee and that the costs of the application be paid by the estate of the deceased. The court's decision provides guidance to trustees and beneficiaries in similar situations where a trust deed is lost, and the terms of the trust are unclear.