Re Perpetual Trustee Company Limited as trustee for the Joseph Babington Davis Settlement [2020] NSWSC 1574

Supreme Court New South Wales

Medium Neutral Citation: Re Perpetual Trustee Company Limited as trustee for the Joseph Babington Davis Settlement [2020] NSWSC 1574 Hearing dates: 3 November 2020 Date of orders: 9 November 2020 Decision date: 09 November 2020 Jurisdiction: Equity Before: Robb J Decision: See pars [97] and [98]. Catchwords: EQUITY — Trusts and trustees — Judicial advice — Matters about which advice can be given — interpretation of s 63 of the Trustee Act 1925 (NSW) — where the subject of the question is the liability of the trustee for breach of trust, when the potential basis for that liability is a matter of the management or administration of the trust property — where there can be no implication that excludes such a question from the ambit of the power of the Court — judicial advice given. Legislation Cited: Corporations Act 2001 (Cth) Trustee Act 1925 (NSW) Cases Cited: Application of Gnitekram Marketing Pty Ltd [2010] NSWSC 1328 Application of Uncle's Joint Pty Ltd [2014] NSWSC 321 Australian Pipeline Ltd [2006] NSWSC 1316; (2006) 60 ACSR 625 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan and Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66; [2008] HCA 42 National Trustees Executors and Agency Company of Australasia Ltd v Barnes (1941) 64 CLR 268; [1941] HCA 3 Northey v Juul [2014] NSWSC 464 Segal v Osborne (No 2) [2016] NSWSC 1328 The Application of Eurolinx Pty Ltd in its capacity as trustee for the Colbert Security Trust [2017] NSWSC 1306 Category: Procedural and other rulings Parties: Perpetual Trustee Company Limited atf the JB Davis Settlement (plaintiff) Representation: Counsel: A McInerney SC (plaintiff) M Hodge QC / B Phillips (parties given leave to be heard)