Application of Yi [2024] NSWSC 724

Supreme Court New South Wales

Medium Neutral Citation: Application of Yi [2024] NSWSC 724 Hearing dates: 13 June 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Equity - Duty List Before: Hmelnitsky J Decision: Pursuant to s 63 of the Trustee Act 1925 (NSW), the Court advises that the applicant as executor of the estate of the late Young Ja Yi is justified in maintaining the appeal in proceedings 2024/146740. Catchwords: EQUITY — Trusts and trustees — Judicial advice — judicial advice sought about appeal against decision holding that Estate owes a debt — where judicial advice not sought as to proceedings below — where judicial advice not sought on appeal until after appeal has progressed — whether advice should be given Legislation Cited: Contracts Review Act 1980 (NSW) Conveyancing Act 1919 (NSW) s 38 Court Suppression and Non-publication Orders Act 2010 (NSW) s 7 Trustee Act 1925 (NSW) s 63 Cases Cited: Application of Dalton and Schaeffer as executors of the estate of the late John Herman Schaeffer [2023] NSWSC 1338 Application of Macedonian Orthodox Church St Petka Inc (No 3) [2006] NSWSC 1247 Application of Rinehart: 2020/142504 [2020] NSWSC 1624 Aurora Australasia Pty Ltd v Hunt Prosperity Pty Ltd [2024] NSWSC 680 Brehm v Wright [2007] NSWSC 1101 Butler v Fairclough (1917) 23 CLR 78; [1917] HCA 9 Eun Ju Park v Chong Eun Yi as executor of the late Young Ja Yi [2024] NSWSC 294 Eun Ju Park v Chong Eun Yi as executor of the late Young Ja Yi (No 2) [2024] NSWSC 372 Frost and Fallon [2011] NSWSC 591 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66; [2008] HCA 42 Re Attia [2020] NSWSC 94 Sotiropoulos v Sotiropoulos (No 2) [2015] NSWSC 1277 Texts Cited: JD Heydon and MJ Leeming, Jacobs' Law of Trusts in Australia (8th ed, 2016, LexisNexis) Category: Principal judgment Parties: Chong Eun Yi (Applicant) Representation: Counsel: