Walter William Nespolon v Lindy van Camp [2022] NSWSC 1190

Supreme Court New South Wales

Medium Neutral Citation: Walter William Nespolon v Lindy van Camp [2022] NSWSC 1190 Hearing dates: 25 August 2022 Date of orders: 06 September 2022 Decision date: 06 September 2022 Jurisdiction: Equity Before: Williams J Decision: See paragraph [80] Catchwords: TRUSTEES – judicial advice under the Trustee Act 1925 (NSW), s 63 – where advice is sought in relation to two trusts with different trustees, one being a superannuation fund and the other being a deceased's estate – advice sought in relation to whether the trustee and executors are justified in defending proceedings and prosecuting a cross-claim in other proceedings and whether they are entitled to pay their legal costs incurred in those proceedings from the trust fund and the deceased's estate – whether Court has jurisdiction under s 63 to give all of the judicial advice sought by both trustee and executors Legislation Cited: Probate and Administration Act 1898 (NSW), ss 3, 44 Succession Act 2006 (NSW), ss 57, 60, 79 Trustee Act 1925 (NSW), ss 5, 63 Uniform Civil Procedure Rules 2005 (NSW), rr 7.11, 55.1 Cases Cited: Alexander v Perpetual Trustees NA Ltd (2003) 216 CLR 109; [2004] HCA Bartlett v Coomber [2008] NSWCA 100 Gillespies Cranes Nominees Pty Ltd v Gillespie [2022] NSWSC 1184 Ludwig v Jeffrey (2021) 394 ALR 360; [2021] NSWCA 256 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar Dioscesan Bishop (2008) 237 CLR 66; [2008] HCA 42 Re Application of Macedonian Orthodox Community Church St Petkar Inc (No. 3) [2006] NSWSC 1247 Wilcox v Chapple [2020] NSWSC 1859 Category: Principal judgment Parties: Walter William Nespolon (First Plaintiff) James Edwin Dickson (Second Plaintiff) Bellahealth Pty Ltd ABN 39 084 955 699 (Third Plaintiff) Lindy van Camp (First Defendant) Representation: Counsel: C Birtles (Plaintiffs) D C Price (First Defendant)