Judith Kathryn Narayan Bhnf Jane Wignall v Michael John Morphett

In the Supreme Court of the Australian Capital Territory, Judith Kathryn Narayan, acting as the beneficiary of a trust, filed a claim against Michael John Morphett, the trustee of the trust. The dispute centres on the management and distribution of the trust funds and the terms of the Deed of Declaration of Trust. The plaintiff sought orders to approve amendments to the trust deed, to pay the balance of the judgment sum into a trust, and to appoint a trustee to manage the trust funds. The defendant did not contest the application.

The court was required to determine whether the proposed amendments to the Deed of Declaration of Trust were appropriate and whether the plaintiff was entitled to have the balance of the judgment sum paid into trust. The court also needed to decide on the appointment of a trustee to manage the trust funds. The legal issues involved interpreting the terms of the Deed of Declaration of Trust, ensuring compliance with the statutory framework governing trusts, and determining the appropriate distribution of the trust funds.

The court approved the amendments to the Deed of Declaration of Trust as proposed by the plaintiff, finding them to be reasonable and in line with the trust's objectives. The court also ordered that the balance of the judgment sum be paid into trust with Perpetual Trustee Company Canberra Limited as the trustee. This decision was made to ensure proper management and distribution of the trust funds in accordance with the trust deed. The court emphasised the importance of transparency and accountability in the administration of trusts, particularly in ensuring that the interests of the beneficiaries are protected. The court further directed that the costs of the application be borne by the plaintiff unless the defendant chose to contest the matter within seven days of receiving the order.