Application of Dalton and Schaeffer as executors of the estate of the late John Herman Schaeffer [2023] NSWSC 1338

Supreme Court New South Wales

Medium Neutral Citation: Application of Dalton and Schaeffer as executors of the estate of the late John Herman Schaeffer [2023] NSWSC 1338 Hearing dates: 28 September 2023 Date of orders: 07 November 2023 Decision date: 07 November 2023 Jurisdiction: Equity Before: McGrath J Decision: See [186] Catchwords: SUCCESSION — trusts and trustees — judicial advice, Trustee Act 1925 (NSW), s 63 — application for judicial advice by executors as to whether it is reasonable to continue to prosecute certain appeal proceedings — HELD — judicial advice given Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 (NSW) Contracts Review Act 1980 (NSW) Trustee Act 1925 (NSW) Cases Cited: Application by Muhammad Elias Attia [2020] NSWSC 94 Application of Rinehart: 2020/142504 [2020] NSWSC 1624 Frost and Fallon [2011] NSWSC 591 In the matter of Mudgee Dolomite & Lime Pty Ltd (No. 4) [2021] NSWSC 393 LM Investment Management Ltd v Drake [2020] QSC 265 Naegeli v Dalton and Schaeffer as Executors of the Estate of the late John Herman Schaeffer [2023] NSWSC 466 Naegeli v Dalton and Schaeffer as Executors of the Estate of the late John Herman Schaeffer (No 2) [2023] NSWSC 626 Re Application of Macedonian Orthodox Community Church St Petka Inc (No 3) [2006] NSWSC 1247 Re Bideena Pty Limited (as trustee for the Bideena Pty Limited Superannuation Fund) [2016] NSWSC 735 Category: Principal judgment Parties: Bettina Dalton and Joanne Alison Schaeffer as executors of the estate of the late John Herman Schaeffer Representation: Counsel: M Condon SC (Plaintiffs)