Rinehart v Rinehart

106 ACSR 207; [2022] NSWCA 66

NSW Court of Appeal

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Interrogate

Catchwords

1. Trusts
2. › Trustees
3. › Change of trustee
4. › Obligations of former trustee to successor trustee
5. › Delivery up of trust documents
6. › Whether former trustee required to provide trust documents to new trustee
7. › Whether stay of delivery up order justified by risk of misuse in pending arbitration
8. › Whether lack of immediate need for documents relevant
9. › Trustee Act 1925 (NSW), ss 70, 78
10. › Trustees Act 1962 (WA), ss 77, 78, 85
1. Trusts
2. › Trustees
3. › Change of trustee
4. › Effect of vesting order on trust documents
5. › Whether documents owned or co-owned by former trustee as trustee vested in successor trustee
6. › Categories of trust documents
7. › Documents received in trustee capacity
8. › Documents used in administration of trust
1. Trusts
2. › Trustees
3. › Change of trustee
4. › Duty of co-operation owed by former trustee to successor trustee
5. › Whether potential breach of director's duties to another company excuses non-compliance with obligation to deliver trust documents
6. › Whether conflict between fiduciary obligation as former trustee and duty as director resolved in favour of fiduciary obligation
1. Practice and Procedure
2. › Abuse of process
3. › Whether application for delivery up of trust documents was abuse of process
4. › Whether documents sought for improper purpose in pending arbitration

Quick Take

The risk of documents being misused in separate proceedings, the lack of immediate need by the successor trustee, and potential conflicts with duties owed in other capacities are not valid grounds for resisting delivery up of trust documents to a successor trustee.