Perpetual Trustees (WA) Ltd v Naso

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PERPETUAL TRUSTEES (WA) LIMITED -v- NASO [1999] WASCA 80



(1999) 21 WAR 191
SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 80
THE FULL COURT (WA)
Case No:FUL:27/199912 APRIL 1999
Coram:WHITE J
PARKER J
23/06/99
14Judgment Part:1 of 1
Result: Leave to appeal grantedAppeal allowedProceeding stayed until further order
PDF Version
Parties:PERPETUAL TRUSTEES (WA) LIMITED
MAX ELIO NASO

Catchwords:

Procedure
Supreme Court
Order for medical examination
Meaning of examination
Trusts
Constituted by Court until further order
Whether adult sole beneficiary might extinguish
Rule in Saunders v Vautier not applicable

Legislation:

Rules of the Supreme Court O 28 r 1

Case References:

Crouch v Hudson (1968) 89 WN (Pt 1) (NSW) 3
Payne v Egan (1967) 86 WN (Pt 1) (NSW) 64
Polairet v Carew (1863) 32 Beav 564, 55 ER 222
Prescott v Bulldog Tools Ltd [1981] 3 All ER 869
Pucci v Humes (1970) 92 WN (NSW) 32
Saunders v Vautier (1841) 4 Beav 115, 49 ER 282
Stace v The Commonwealth (1989) 51 SASR 391
State of Western Australia v Bond Corporation (1991) 5 WAR 40
Thomas v Perpetual Trustee Co (Ltd) (1955) 94 CLR 537
Thomasset v Thomasset [1894] P 295
Weatherall v Thornbugh (1878) 8 Ch D 261
Wharton v Masterman [1895] AC 186
Wilson v Metaxas [1989] WAR 285

Cocchi v Cocchi [1989] 1 Qd R 266
Hearle v Greenbank 3 Atk 695
Howell v Lewis (1892)
Lanitis v Lanitis [1970] 1 WLR 503
Laughton v Taylor (1840) 151 ER 592
Payne v Egan (1967) 86 WN (Pt 1) (NSW) 64
Ping v Van der Kroft [1982] 2 NSWLR 731
Pollock v Wellington (1996) 15 WAR 1
Pownall v Conlan Management Pty Ltd (1995) 12 WAR 370
R v Gyngall [1893] 2 QB 232
Re K (KJS)(an infant) [1966] 1 WLR 1241
T v H [1985] 3 NSWLR 270
The Queen v R (1993) 70 A Crim R 59
Trade Practices Commission v Arnotts Ltd (1990) 21 FCR 324
Wood v Public Trustee (1995) 16 WAR 58

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : PERPETUAL TRUSTEES (WA) LIMITED -v- NASO [1999] WASCA 80 CORAM : WHITE J
    PARKER J
HEARD : 12 APRIL 1999 DELIVERED : 23 JUNE 1999 FILE NO/S : FUL 27 of 1999 MATTER : Application for leave to appeal from Master BETWEEN : PERPETUAL TRUSTEES (WA) LIMITED
    Applicant (Defendant)

    AND

    MAX ELIO NASO
    Respondent (Plaintiff)



Catchwords:

Procedure - Supreme Court - Order for medical examination - Meaning of examination



Trusts - Constituted by Court until further order - Whether adult sole beneficiary might extinguish - Rule in Saunders v Vautier not applicable


Legislation:

Rules of the Supreme Court O 28 r 1



(Page 2)

Result:

Leave to appeal granted


Appeal allowed
    Proceeding stayed until further order

Representation:


Counsel:


    Applicant (Defendant) : Mr D M Bruns
    Respondent (Plaintiff) : Mr T H Brickhill


Solicitors:

    Applicant (Defendant)…
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Details
Case
[1999] WASCA 80
Decision Date

CaseChat Overview and Summary

The case of Perpetual Trustees (WA) Ltd v Naso involved a dispute concerning a trust established by the parties. The matter was brought before the Supreme Court of Western Australia, where the court was required to determine the meaning of the term "examination" in the context of an order for a medical examination of the beneficiary. The legal issue at hand was whether an adult beneficiary could potentially extinguish a trust that had been constituted by the court until further order, and whether the rule in Saunders v Vautier was applicable in such circumstances.

In addressing these issues, the court found that the term "examination" in the context of an order for a medical examination of the beneficiary should be interpreted in a manner that aligns with the purpose of the order. The court concluded that the rule in Saunders v Vautier, which allows beneficiaries to demand the termination of a trust, was not applicable in this case. The court held that the trust could not be extinguished by the adult beneficiary, and that the trust would continue to exist until further order from the court. The court also found that the meaning of "examination" in this context did not permit the beneficiary to extinguish the trust.

The court granted leave to appeal and allowed the appeal, staying the proceedings until further order. The decision underscores the importance of carefully considering the language used in court orders and the potential implications of such orders on the rights of beneficiaries in trust matters. The court's interpretation of the term "examination" and its ruling on the applicability of the rule in Saunders v Vautier provides clarity for future cases involving similar issues.

Orders

Orders of the court

Leave to appeal grantedAppeal allowedProceeding stayed until further order

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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