NSW Caselaw
New South Wales Supreme Court
CITATION : Lenyco Pty Ltd; In the matter of the Daquino Family Trust [2009] NSWSC 429
HEARING DATE(S) : 28 April 2009 JURISDICTION : Equity Division Duty Judge List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 28 April 2009
DECISION : Trustees justified in filing defence but would not be justified in funding other defendants. Further considerations reserved until close of pleadings.
CATCHWORDS : TRUSTS AND TRUSTEES - Judicial Advice - Application by trustee for judicial advice as to whether it would be justified in defending proceedings and in assisting other defendants in proceeding - Where proceedings at early stage and trustee does not tender counsel's advice but trustee's case appears not to be unarguable - Held: trustees would be justified in filing defence - Not appropriate for trustees to fund other defendants - Further considerations deferred until close of pleadings.
(CTH) Trade Practices Act 1974, s 52 LEGISLATION CITED : (NSW) Family Provision Act 1982 (NSW) Trustee Act 1925, s 63
CATEGORY : Principal judgment
CASES CITED : Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 249 ALR 250, (2008) 82 ALJR 1425, [2008] HCA 42 Re Beddoe; Downes v Cottam [1893] 1 Ch 547
PARTIES : Lenyco Pty Ltd (applicant)
FILE NUMBER(S) : SC 2322/09
Mr M Hamwood (sol) (plaintiff) COUNSEL : Mr C Locke (amicus curiae – Ann Daquino) Mr C Birtles (sol) (amicus curiae – Lucille Daquino)
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