Perpetual Trustee Company Ltd v Cheyne

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PERPETUAL TRUSTEE COMPANY LTD -v- CHEYNE [2011] WASC 225



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2011] WASC 225
Case No:CIV:2555/201125 AUGUST 2011
Coram:EDELMAN J29/08/11
21Judgment Part:1 of 1
Result: Directions given that the proposed transfer is within the terms of the Court Compensation Trust
A
PDF Version
Parties:PERPETUAL TRUSTEE COMPANY LTD (as Trustee for the Michael Scott Cheyne Compensation Trust)     
MICHAEL SCOTT CHEYNE (by his Guardian Ad Litem HELEN RITA LLOYD)

Catchwords:

Trusts and trustees
Court ordered trust of judgment sum
Meaning of 'advancement' and 'benefit'
Whether disposition of trust fund capital for superannuation policy to be held directly for beneficiary, by his limited administrator, is within terms of trust
Trusts and trustees
Section 17 Trustees Act 1962 (WA)
Meaning of 'investment'
Whether disposition of trust fund capital for superannuation policy to be held directly for beneficiary, by his limited administrator, is an investment
Practice and Procedure
Parens patriae power of the court
Whether parens patriae power authorises the disposition of trust funds sought

Legislation:

Guardianship and Administration Act 1990 (WA)
Supreme Court Act 1935 (WA)
Trustees Act 1962 (WA)

Case References:

Beverley's Case of Non Compos Mentis (1603) 4 Co Rep 123b, 126; (1603) 76 ER 1118
Cadwallender v The Public Trustee [2003] WASC 72
Carseldine v Director of Department of Children's Services (1974) 133 CLR 345
Clay v Clay [1999] WASCA 8; (1999) 20 WAR 427
Department of Health and Community Services (NT) v JWB & SMB (Marion's Case) (1992) 175 CLR 218
Inland Revenue Commission (NZ) v Ward [1970] NZLR 1
Khoo Tek Keong v Ch'ng Joo Tuan Neoh [1934] AC 529
McInnes (by her next friend Gail McInnes) v Insurance Commission of Western Australia [2011] WADC 17
Nelson v Greening & Sykes (Builders) Ltd [2007] EWCA Civ 1358
Perpetual Trustee Company Limited and MSC [2011] WASAT 127
Perpetual Trustees WA Limited and the Public Trustee [2009] WASAT 253
Pilkington v Inland Revenue Commissioners [1964] AC 612
Re Baron Vestey's Settlement v O'Meara [1951] Ch 209
Re CAC [2009] QGAAT 63
Re Eve (1986) 31 DLR (4th) 1
Re White [1959] VR 661
Re Wragg [1919] 2 Ch 58
Wellesley v Duke of Beaufort (1827) 2 Russ 1; (1827) 38 ER 236


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : PERPETUAL TRUSTEE COMPANY LTD -v- CHEYNE [2011] WASC 225 CORAM : EDELMAN J HEARD : 25 AUGUST 2011 DELIVERED : 29 AUGUST 2011 FILE NO/S : CIV 2555 of 2011 BETWEEN : PERPETUAL TRUSTEE COMPANY LTD (as Trustee for the Michael Scott Cheyne Compensation Trust)
    Plaintiff

    AND

    MICHAEL SCOTT CHEYNE (by his Guardian Ad Litem HELEN RITA LLOYD)
    Defendant

Catchwords:

Trusts and trustees - Court ordered trust of judgment sum - Meaning of 'advancement' and 'benefit' - Whether disposition of trust fund capital for superannuation policy to be held directly for beneficiary, by his limited administrator, is within terms of trust



Trusts and trustees - Section 17
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Details
Case
[2011] WASC 225
Decision Date

CaseChat Overview and Summary

The case involved Perpetual Trustee Company Ltd as the trustee of a Court Compensation Trust and the dispute centred around the disposition of trust funds. The beneficiary of the trust, Mr. Cheyne, had appointed a limited administrator to manage his affairs. The matter was heard in the Supreme Court of Western Australia. The primary legal issues before the court were whether the disposition of the trust fund capital for a superannuation policy, held directly for the beneficiary by their limited administrator, was within the terms of the trust and whether such a disposition constituted an investment under Section 17 of the Trustees Act 1962 (WA). Additionally, the court needed to determine whether the parens patriae power of the court authorised the disposition of the trust funds as sought.

The court examined the meaning of 'advancement' and 'benefit' in the context of the trust deed. It concluded that the disposition of the trust fund capital for the superannuation policy was within the terms of the trust, as it was for the beneficiary's benefit. Furthermore, the court found that the disposition constituted an investment under the relevant section of the Act, as it involved the prudent management of trust assets for the beneficiary's future security. The parens patriae power of the court was also found to authorise the disposition of the trust funds as sought, as it aligned with the welfare and best interests of the beneficiary.

In summary, the court ruled that the disposition of the trust fund capital for a superannuation policy, held directly for the beneficiary by their limited administrator, was within the terms of the trust and constituted an investment under the Trustees Act 1962 (WA). The parens patriae power of the court was also found to authorise the disposition of the trust funds as sought. Directions were given that the proposed transfer was within the terms of the Court Compensation Trust.

Orders

Orders of the court

Directions given that the proposed transfer is within the terms of the Court Compensation Trust

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.