NSW Caselaw
Reported Decision : 60 ACSR 625
New South Wales Supreme Court
CITATION : Australian Pipeline Limited [2006] NSWSC 1316
HEARING DATE(S) : 01/12/06
JUDGMENT DATE : 4 December 2006
JURISDICTION : Equity Division
JUDGMENT OF : Barrett J
DECISION : Judicial advice refused
CATCHWORDS : CORPORATIONS - registered managed investment scheme - responsible entity as trustee - resort to equitable jurisdiction by way of application for judicial advice - TRUSTS AND TRUSTEES - application by trustee for opinion, advice or direction of court - where proceedings on foot against trustee alleging past breaches of trust and statutory contraventions - trustee seeks judicial advice whether it would be justified in defending proceedings - proceedings concern trustee's personal position and responsibility - proceedings irrelevant to management and administration of trust estate - judicial advice refused
LEGISLATION CITED : Corporations Act 2001 (Cth), Chapter 5C, ss.48(2), 208, 232, 259C(1)(b), 601FC(1)(c), 601FC(2), 601LC, Trustee Act 1925, ss.5, 63
Alcock v Public Trustee (1936) 53 WN (NSW) 192 Application of Macedonian Orthodox Community of St Petka Inc (No 2) (2005) 63 NSWLR 441 Gray v Guardian Trust Australia Ltd [2003] NSWSC 704 Harrison v Mills [1976] 1 NSWLR 42 Hartigan Nominees Pty Ltd v Rydge (1992) 29 NSWLR 405 CASES CITED : Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar, the Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand [2006] NSWCA 160 Marley v Mutual Security Merchant Bank and Trust Co Ltd [1991] 3 All ER 198 Neagle v Rimmington [2002] 3 NZLR 826 Re Beddoe [1893] 1 Ch 547 Re England's Settlement Trusts [1918] 1 Ch 24 Re Mirvac Ltd (1999) 32 ACSR 107
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