| Hancock v Rinehart (NSWSC) - equity - trusts and trustees - appointment of replacement trustee - delivery up of trust documents - taking of accounts - amendments to constitution of company not void |
| Wattleup Road Development Co Pty Ltd v Western Australian Planning Commission (WASCA) - administrative law - Tribunal’s advisory recommendation was not a decision under s105 State Administrative Tribunal Act 2004 (WA) - appeal incompetent |
| Summaries With Link (Five Minute Read) |
Hancock v Rinehart [2015] NSWSC 646
Supreme Court of New South Wales
Brereton J
Equity - trusts and trustees - proceedings concerning administration trust created by a deed of settlement - first defendant (Gina Rinehart) was trustee and her four children were beneficiaries - two beneficiaries sought removal of first defendant for misconduct - first defendant resigned - trusts main asset was shareholding in company - whether amendments made in 2006 to the constitution company should be declared ineffective because first defendant’s consent to them was fraud on a power - appointment of replacement trustee - access to trust documents - taking of accounts - held: no established first defendant acted in breach of trust or for improper or extraneous purpose in consenting to amendments - trust bound by amendments - Court concluded second plaintiff was to administer the trust, that first defendant deliver up trust documents - orders made for taking accounts - claim that amendments to constitution of company void was dismissed.
Hancock
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Wattleup Road Development Co Pty Ltd v Western Australian Planning Commission [2015] WASCA 104
Court of Appeal of Western Australia
McLure P; Buss & Newnes JJA
Administrative law - preliminary question - competency of appeal - appeal from recommendation made by the State Administrative Tribunal to Minister for Planning under s246(2)(b) Planning and Development Act 2005 (WA) - whether Tribunal’s recommendation was a ’decision’ for purpose of s105 State Administrative Tribunal Act 2004 (WA) - held: ‘decision’ in s105(1) SAT meant dispositive or operative outcome of Tribunal’s exercise of its interlocutory or final statutory powers - advisory recommendation under s246(2) SAT Act applied - appeal incompetent - appeal dismissed.
Wattleup
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