Harold Joseph Martin Cadwallender by his next friend Stavroulla Cadwallender v The Public Trustee

[2003] WASC 72

Supreme Court of Western Australia

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Catchwords

1. Practice and Procedure
2. › Parties under disability
3. › Court-appointed trust for damages
4. › Application to declare beneficiary no longer under disability
5. › Termination of trust
6. › Whether beneficiary has capacity to manage own affairs
7. › Rules of the Supreme Court (WA), O 70
1. Trusts
2. › Court-appointed trusts
3. › Trust of damages for disabled person
4. › Termination of trust
5. › Whether sole beneficiary who has recovered capacity entitled to terminate trust
6. › Rule in Saunders v Vautier
7. › Trustees Act 1962 (WA), s 93
1. Courts and Judges
2. › Jurisdiction
3. › Parens patriae jurisdiction
4. › Whether District Court has continuing jurisdiction over court-appointed trusts it established
5. › Whether Supreme Court has concurrent jurisdiction
6. › District Court of Western Australia Act 1969, ss 50(2), 55
7. › Supreme Court Act 1935 (WA), ss 16, 23

Quick Take

The District Court of Western Australia retains continuing jurisdiction over court-appointed trusts it has established under RSC O 70 r 12(2) and the parens patriae jurisdiction, including the power to terminate such trusts. Where a sole beneficiary of a court-appointed trust for personal injury damages proves recovery from the disability that prompted the trust, the beneficiary is entitled as of right to terminate the trust under the rule in Saunders v Vautier. The Supreme Court has concurrent jurisdiction under both the parens patriae jurisdiction (s 16 Supreme Court Act 1935) and s 93 of the Trustees Act 1962, but applications should generally be brought in the court that established the trust.