Court of Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Beck v Henley [2014] NSWCA 201 Hearing dates: 2 May 2014 Decision date: 27 June 2014 Before: Beazley P at [1];
Leeming JA at [2];
Sackville AJA at [97]Decision: Appeal dismissed with costs.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Catchwords: TRUSTS - rights of beneficiaries - one of two adult beneficiaries directs trustee to transfer half of a parcel of 50% of shares in a private company - other beneficiary opposes transfer - nature of "rule" in Saunders v Vautier - nature of power of adult beneficiary with absolute vested and indefeasible interest in trust property - exception where "special circumstances" - irrelevance of trust being a trust for sale with a power of postponement - irrelevance of duty of impartiality - no quantified prejudice to remaining beneficiary - no relevant prejudice merely in splitting parcel of shares with a measure of control - no sound basis to depart from existing line of long-standing authority in relation to parcels of shares
TRUSTS - trusts and trustees - judicial advice under s 63 Trustee Act 1925 (NSW) - nature and history of application for advice - appropriateness of review of long-standing authorities on an application for advice - nature of appeal from giving of judicial adviceLegislation Cited: Consolidated Equity Rules 1902 (NSW), r 313
Supreme Court Act 1970 (NSW), s 101
Trust Property Act 1862 (26 Vic No 12), s 30
Trustee Act 1898 (NSW), s 20
Trustee Act 1925 (NSW), ss 5, 63
Uniform Civil Procedure Rules 2005 (NSW), rr 42.25, 55.2Cases Cited: Associated Alloys v ACN 001 452 106 Pty Ltd [2000] HCA 25; 202 CLR 588
Attenborough v Solomon [1913] AC 76
Barnes v Rowley (1797) 3 Ves Jr 305; 30 ER 1024
Beck v Weinstock [2013] HCA 15; 87 ALJR 570
Brady v Stapleton (1952) 88 CLR 322
CPT Custodian Pty Ltd v Commissioner of State Revenue [2005] HCA 53; 224 CLR 98
Gough v Strahl [2013] NZHC 3184
Goulding v James [1997] 2 All ER 239
Ho Yuen Ki Winnie v Hotung [2010] HKCFI 546
Ho Yuen Ki Winnie v Hotung [2010] HKCFI 605
House v The King (1936) 55 CLR 499
In re Marshall [1914] 1 Ch 192
In re Mockett's Trusts (1860) 6 Jur (NS) 142
In re Pugh [1887] WN 143
In re the Trustee Act; In re Burger Estate [1949] 1 WWR 280
Lloyds Bank Ltd v Duker [1987] 1 WLR 1324; [1987] 3 All ER 193
Love v L'Estrange (1727) 5 Bro PC 59; 2 ER 532
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- AGLC
- Beck v Henley [2014] NSWCA 201
- Case
- [2014] NSWCA 201
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court of Appeal were the nature of the "rule" in *Saunders v Vautier*, specifically in relation to the power of an adult beneficiary with an absolute vested and indefeasible interest in trust property to direct a trustee, and whether any "special circumstances" existed to justify departing from this rule. The court also considered the appropriateness of reviewing long-standing authorities on an application for judicial advice and the nature of an appeal from such advice.
The Court of Appeal affirmed the decision of the primary judge, holding that the rule in *Saunders v Vautier* applied. The court reasoned that Ms Henley's opposition, and the fact that the trust was a trust for sale with a power of postponement, did not constitute "special circumstances" that would warrant departing from the established authority. The duty of impartiality owed by the trustee did not preclude the transfer, as no quantified prejudice to Ms Henley was demonstrated, nor was there relevant prejudice merely in splitting the parcel of shares with a measure of control. The court found no sound basis to depart from the existing line of long-standing authority concerning parcels of shares.
Consequently, the appeal was dismissed with costs.
Orders
Orders of the court
Appeal dismissed with costs.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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