Gillespie v Gillespies Cranes Nominees Pty Ltd (No 2) [2022] NSWSC 1286

Supreme Court New South Wales

Medium Neutral Citation: Gillespie v Gillespies Cranes Nominees Pty Ltd (No 2) [2022] NSWSC 1286 Hearing dates: 8, 16 September 2022 Date of orders: 23 September 2022 Decision date: 23 September 2022 Jurisdiction: Equity - Expedition List Before: Parker J Decision: See [83] Catchwords: EQUITY – trusts and trustees – discretionary family trust – corporate trustee – application for representative order to bring derivative actions on behalf of trust – viable case against defendants – alternatives to derivative action impractical – "special circumstances" – whether order should be conditional on indemnity for trustee's costs or security for defendant's costs – form of order Legislation Cited: Corporations Act 2001, ss 236, 237 Uniform Civil Procedure Rules 2005, rr 28.2, 42.21 Cases Cited: Barnes v Addy (1874) LR 9 Ch App 244 Gillespie v Gillespies Cranes Nominees Pty Ltd [2022] NSWSC 1184 Category: Procedural rulings Parties: Motion filed 20 June 2022 by First Defendant Gillespies Cranes Nominees Pty Ltd (Applicant/First Defendant) Robert Gillespie (First Respondent/Plaintiff) Helen Ann Gillespie (Second Respondent/Second Defendant) Peter Timothy Gillespie (Third Respondent/Third Defendant) JPD Equipment Pty Limited (Fourth Respondent/Fourth Defendant) GCN Operations Pty Limited (Fifth Respondent/Fifth Defendant) Gilljo Pty Limited (Sixth Respondent/Sixth Defendant) Ainley Pty Limited (Seventh Respondent/Seventh Defendant)