Vanta Pty Ltd v Mantovani

Vanta Pty Ltd, a discretionary trust, sought clarification and direction regarding its administration, as the original and copies of its trust deed were lost, but a schedule to the trust deed was available. The Supreme Court was asked to determine whether the available schedule provided sufficient proof of the essential terms of the trust deed, whether the trust failed for lack of certainty, and whether a resulting trust should arise on the failure of the express trust. The court was also asked to consider whether directions should be given for the administration of the trust and whether an order for taking of accounts should be made.

The court examined the requirements for proof of the terms of a trust deed, considering whether the schedule to the trust deed was sufficient to establish the essential terms of the trust. The court also assessed whether the trust had failed for lack of certainty and whether a resulting trust should arise on the failure of the express trust. Furthermore, the court considered whether directions should be given for the administration of the trust and whether an order for taking of accounts should be made.

The court held that the schedule to the trust deed provided sufficient proof of the essential terms of the trust deed, and the trust did not fail for lack of certainty. The court determined that a resulting trust did not arise on the failure of the express trust. The court also decided that directions should be given for the administration of the trust and that an order for taking of accounts should be made. The court held that the trust remained valid and subsisted, and leave to appeal was granted. The appeal was subsequently allowed.

The court ordered that the trust remain valid and subsist, that directions be given for the administration of the trust, and that an order for taking of accounts be made. The leave to appeal was granted, and the appeal was allowed.