Full Court Minute Books

Case P22/2012

Montevento Holdings Pty Ltd and Anor v. Scaffidi and Anor

Case No.

P22/2012

Case Information

Lower Court Judgment

7/07/2011 Supreme Court of Western Australia (Court of Appeal) (Buss J, Murphy J, Hall J)

[2011] WASCA 146

Catchwords

Trusts – Trustees – Eligibility for appointment as trustee – Construction of power of appointment in trust deed – Trust deed provides "[i]f, and so long as any individual Appointer is a Beneficiary, that individual shall not be eligible to be appointed as Trustee" – Second applicant ("E") beneficiary and appointer under trust deed – E sole shareholder and director of Montevento Holdings Pty Ltd ("the Company") – E in his capacity as appointer under trust deed sought to appoint the Company as trustee – Whether the Company eligible for appointment as trustee.

Short Particulars

Documents

22/06/2012 Hearing (SLA, Canberra by v/link to Perth)

29/06/2012 Notice of appeal

03/07/2012 Submitting appearance (Second respondent)

09/08/2012 Written submissions (Appellants)

09/08/2012 Chronology (Appellants)

03/09/2012 Written submissions (First Respondent)

18/09/2012 Reply

12/10/2012 Hearing (Full Court, Canberra)

07/11/2012 Judgment  (Judgment summary)