The Court declared the date and name of a trust deed where those details had been left blank at execution, treating the omissions as matters properly addressed by declaration rather than rectification or variation under s 86A of the Trustee Act 1925 (NSW). Under s 86A, the Court approved an arrangement to appoint a primary beneficiary as Appointor under the deed, but stayed the order to allow the secondary beneficiary (who had not been notified) an opportunity to be heard. The Court distinguished between the insertion of a date or name (which do not constitute variations of the trust) and the appointment of an Appointor (which does constitute a variation requiring Court approval under s 86A).
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