Young 107188/1991 Trust v No Defendant

[2024] NSWSC 1488

Supreme Court

New South Wales

Medium Neutral Citation:

Young 107188/1991 Trust v NO DEFENDANT [2024] NSWSC 1488

Hearing dates:

21 November 2024

Date of orders:

21 November 2024

Decision date:

21 November 2024

Jurisdiction:

Equity

Before:

Richmond J

Decision:

See [9]

Catchwords:

CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — No reasonable cause of action disclosed

EQUITY — Equitable interests in property — Nature of equitable interests — Birth certificate does not evidence or create any type of property or interest in property

Legislation Cited:

Uniform Civil Procedure Rules 2005 (NSW)

Cases Cited:

Young & Young v Attorney General of New South Wales [2024] NSWSC 282

Category:

Principal judgment

Parties:

Young 107188/1991 Trust (Plaintiff)

Representation:

Kyle Anthony Young (Plaintiff)

File Number(s):

2024/00371338

Publication restriction:

Nil

JUDGMENT

1. These proceedings concern a summons filed on behalf of a plaintiff described as ‘Young 107188/1991 trust’ by Kyle Anthony Young. Mr Young filed an affidavit in support of the summons and has also provided written submissions to the court. The summons does not identify a defendant.

2. The relief claimed in the summons is as follows:

1. These equitable pleadings for an equitable chose in action are made pursuant to the Crown Proceedings Act 1988 No 70 and made under the Trustee Act 1925 No. 14 by the affiants synderesis claim to be entitled to an equitable estate, right, or to relief by virtue of the Supreme Court Act 1970 No 52, Section 58 equities of the plaintiff: arising upon the equitable grounds by the affiants disposition of interest by endorsement on a certificated security made under absolute assignment to the Crown in right of the State of New South Wales (assignee), on condition of assignors deposit in-virtue of sections 95(1) and 99 of the Trustee Act 1925 by delivery via registered post (RP44 63900 05100 31201 70606) to the Principal Registrar of the court, subject to transfer to assignee, WITH WARRANTIES, FOR CREDIT TO THE PERSONS SECURITIES ACCOUNT; with advice sought by the court for the supervision as appointor (trust protector) regarding the appointment of a new trustee (securities intermediary) in accordance with Section 70(1) of the Trustee Act 1925 No. 14; and

2. A certificate of the registrar sufficient to discharge securities deposited into court by the retiring trustee (assignor) pursuant to section 98(2) of the Trustee Act 1925; and

3. An order for a full accounting, for set-off (extinguishment) of all outstanding legal debts; and

4. Declaratory orders declaring the rights between the parties regarding the execution of the YOUNG 107188/1991 trust, for the administration of the newly arisen equitable estate (trust), including orders pursuant to the Trustee Act 1925 No. 14 for distributions made payable by the new trustee to the beneficiary (Cestui que) as identified in the affiants affidavit; and

5. Any further orders necessary that the court deems fair and just (interlocutory orders etc).

3. The thrust of Mr Young’s claim appears to be that he ‘disposed’ of an ‘interest’ by endorsement on a certificated security (being his birth certificate) by way of an absolute assignment to the Crown in right of the State of New South Wales. He has provided to the court his birth certificate on which there is endorsed on the reverse side the following words:

Notice of absolute assignment (in whole) made by assignor to the Crown in right of the State of New South Wales (assignee) for the purpose of credit to the persons securities account; assignor having acquired a security entitlement.

Assignor:

Kyle Anthony Young

[Beneficial owner]

4. Mr Young’s signature appears beside the word ‘Assignor’ and above his name.

5. It appears from his affidavit and written submissions that Mr Young claims that a ‘trust’ arose from this ‘assignment’, called the ‘Young 107188/1991 Trust’ (the Young Trust) and he claims an equitable estate as the beneficiary under it. He seeks in prayer 1 of the summons the appointment of a new trustee of the Young Trust under s 70 of the Trustee Act 1925 (NSW). In prayers 3 and 4 of the summons he seeks orders relating to the administration of the Young Trust including an order for a full accounting for set-off (and extinguishment) of all outstanding legal debts.

6. Mr Young and his brother brought a similar claim in proceedings in this Court reported as Young & Young v Attorney General of New South Wales [2024] NSWSC 282. He informed the Court today that the difference between the two proceedings is that he has now made the assignment referred to above and seeks relief based on that assignment.

7. Mr Young’s submissions state that the subject matter of the claimed equitable estate is:

the birthright inheritance estate, and dominion granted to man (Genesis 1:26 [KJV]), pre-existing in equity (prior to the legal formation of the legal estate/person as a result of the birth registration statement): the exacting equitable ‘Life’ estate (an estate of Life) referenced in the Bible that ‘His Majesty’ took an oath to uphold is the promisor; and that as the promisee I have exercised said promise by making my election sure, for the re-entrance into said equitable “Life” estate (Galatians 4:1-7 [KJV].

8. As was explained by Kunc J in Young & Young, the claimed ‘birthright inheritance estate’ or (‘birthright estate’) is not an estate interest or other form of property recognised at law or in equity. Nor is a birth certificate a security or other form of property capable of being assigned. It follows that the summons discloses no reasonable cause of action and should be dismissed under rule 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW).

9. Accordingly, the court orders that the summons is dismissed. The exhibit will be returned.

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Decision last updated: 21 November 2024