Lenyco Pty Ltd; In the matter of the Daquino Family Trust [2009] NSWSC 846

New South Wales Supreme Court

CITATION : Lenyco Pty Ltd; In the matter of the Daquino Family Trust [2009] NSWSC 846

HEARING DATE(S) : 30 July 2009 JURISDICTION : Equity Division Duty Judge List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 30 July 2009

DECISION : Order that the applicant would be justified in doing all things necessary or reasonably incidental to conduct the defence of proceedings 2090/09.

CATCHWORDS : TRUSTS AND TRUSTEES – Judicial Advice – Application by trustee for judicial advice as to whether it would be justified in defending proceedings – where counsel's advice on prospects of success tendered – where draft defence to amended Statement of Claim tendered – Where plaintiff in substantive proceeding seeks direction that applicant provide all documentation supplied to Court in support of application – making an order for discovery of such material not an appropriate condition for grant of judicial advice – Held: Applicant would be justified in doing all things necessary or reasonably incidental to conduct the defence of proceedings in relation to all defences raised by it set out in the draft defence to be filed in those proceedings and on such other basis as it may be advised from time to time up to and including the setting down of the substantive proceedings for hearing

LEGISLATION CITED : (NSW) Trustee Act 1925 s 63

CATEGORY : Consequential orders

PARTIES : Lenyco Pty Ltd (applicant)

FILE NUMBER(S) : SC 2322/09

COUNSEL : Ms T L Wong (applicant) Mr C P Locke (plaintiff in 2090/09)

SOLICITORS : Thomson Playford Cutlers (applicant) Argyle Lawyers (plaintiffs in 2090/09)