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Innes & Ors v Attorney-General for the State of Victoria & Ors [2021] VSC 628

PRACTICE AND PROCEDURE
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Daly AsJ
Parties: 

Innes, Paul Anthony (in his capacity as Trustee of the National Jockeys Trust); Inglis, Ross Hedley (in his capacity as Trustee of the National Jockeys Trust); Ryan, Bernard Allan (in his capacity as Trustee of the National Jockeys Trust) & Truskett, Phillip Gregory (in his capacity as Trustee of the National Jockeys Trust) v The Attorney-General for the State of Victoria; Hawker, Felicity Helen; Haylen, Wayne Roger & Cooper, Bernadette Justine Anne

Judgment Date: 
12 October 2021
Catchwords: 

PRACTICE AND PROCEDURE - Trusts and Trustees - Charitable Trust - Application for judicial advice - Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 54.02 - Interpretation of trust deed - Whether trust deed should be rectified to reflect common intention as to number of trustees - Where trustees invalidly appointed - Whether grants, donations or gifts to beneficiaries should be approved - Finding that the impugned grants should be approved - Whether the trust deed should be amended in accordance with terms of a supplemental deed - Whether the plaintiffs ought be relieved of personal liability in respect of the impugned grants - Trustee Act 1958 (Vic), ss 63, 67 - No evidence of financial impropriety - Trustees acted honestly and reasonably and in accordance with legal advice - Orders that the impugned grants be approved, the trustees be relieved of any personal liability, and the parties be indemnified for their reasonable legal costs from the assets of the trust.

Citation: