Northgate Park Pty Ltd v Floyd

In Northgate Park Pty Ltd v Floyd, the respondent claimed that the appellant, Northgate Park Pty Ltd, held certain properties on trust for the respondent and others. The dispute centred around the existence of an express family discretionary trust and whether the trust deed was validly established, despite the original deed being lost. The matter was heard in the Supreme Court of Victoria.

The court needed to determine if the trust was properly established and whether it had failed due to uncertainty. This involved assessing the sufficiency of the secondary evidence provided, including expert evidence from Frank Levy, a practicing solicitor and certified practising accountant. The court also had to consider whether the subsequent trust deed, which confirmed the powers and duties of the trustee, was effective and if it required any amendments.

The court found that the trust was validly established, despite the loss of the original deed, based on the secondary evidence presented. The expert evidence from Levy supported the existence of the trust, confirming that the subsequent trust deed was effective and did not require amendment. The court concluded that the trust was properly constituted and that the powers and duties of the trustee were clearly defined by the later trust deed.

The final orders of the court confirmed the existence of the trust and upheld the validity of the subsequent trust deed. The court did not find it necessary to amend the terms of the later trust deed.