Blenkinsop v Blenkinsop Nominees Pty Ltd as trustee of the Blenkinsop Family Trust

The matter before the court was an application for summary judgment on part of a claim by the plaintiff, Blenkinsop, against the defendant, Blenkinsop Nominees Pty Ltd as trustee of the Blenkinsop Family Trust. The dispute arose from a trust deed and the plaintiff sought summary judgment on two claims: the first for a declaration that the defendant trustees had acted outside their powers and in breach of the trust deed; and the second for an order that the trustees pay the plaintiff an amount of money. The application was heard in the Supreme Court of New South Wales.

The court was required to determine whether the application for summary judgment could be granted on the two claims. The legal issue was whether the application turned on its own facts. The court held that the application did not turn on its own facts because the court needed to make findings of fact to determine whether the trustees had acted outside their powers and breached the trust deed. The court also held that the application for summary judgment on the second claim could not be granted because it depended on the outcome of the first claim.

The court dismissed the application for summary judgment on both claims. The court found that the application did not turn on its own facts and that the court needed to make findings of fact to determine whether the trustees had acted outside their powers and breached the trust deed. The court also found that the application for summary judgment on the second claim could not be granted because it depended on the outcome of the first claim. The court noted that the parties had not provided any evidence to support their respective positions and that the application was premature.