Young 107188/1991 Trust v NO DEFENDANT

These proceedings concern a summons filed on behalf of a plaintiff described as ‘Young 107188/1991 trust’ by Kyle Anthony Young. Mr Young filed an affidavit in support of the summons and has also provided written submissions to the court. The summons does not identify a defendant.

The relief claimed in the summons is as follows:

The thrust of Mr Young’s claim appears to be that he ‘disposed’ of an ‘interest’ by endorsement on a certificated security (being his birth certificate) by way of an absolute assignment to the Crown in right of the State of New South Wales. He has provided to the court his birth certificate on which there is endorsed on the reverse side the following words:

Mr Young’s signature appears beside the word ‘Assignor’ and above his name.

It appears from his affidavit and written submissions that Mr Young claims that a ‘trust’ arose from this ‘assignment’, called the ‘Young 107188/1991 Trust’ (the Young Trust) and he claims an equitable estate as the beneficiary under it. He seeks in prayer 1 of the summons the appointment of a new trustee of the Young Trust under s 70 of the Trustee Act 1925 (NSW). In prayers 3 and 4 of the summons he seeks orders relating to the administration of the Young Trust including an order for a full accounting for set-off (and extinguishment) of all outstanding legal debts.

Mr Young and his brother brought a similar claim in proceedings in this Court reported as Young & Young v Attorney General of New South Wales [2024] NSWSC 282. He informed the Court today that the difference between the two proceedings is that he has now made the assignment referred to above and seeks relief based on that assignment.

Mr Young’s submissions state that the subject matter of the claimed equitable estate is:

As was explained by Kunc J in Young & Young, the claimed ‘birthright inheritance estate’ or (‘birthright estate’) is not an estate interest or other form of property recognised at law or in equity. Nor is a birth certificate a security or other form of property capable of being assigned. It follows that the summons discloses no reasonable cause of action and should be dismissed under rule 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW).

Accordingly, the court orders that the summons is dismissed. The exhibit will be returned.