BTA Institutional Services Australia Ltd & BNY Trust (Australia) Registry Ltd [2009] NSWSC 1294

New South Wales Supreme Court

CITATION : BTA Institutional Services Australia Ltd & BNY Trust (Australia) Registry Ltd [2009] NSWSC 1294 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 6 November 2009

JUDGMENT DATE : 26 November 2009

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

DECISION : Judicial advice given

CATCHWORDS : EQUITY – trusts and trustees – applications to the court for advice and authority – where questions for which advice is sought relate management and administration of trust property – where law governing the trust is the law of NSW – where trust is administered in NSW – advice on question of construction – where persons with rights affected have been notified and given opportunity to be represented in court – advice given

LEGISLATION CITED : (NSW) Trustee Act 1925, s 63

CATEGORY : Principal judgment

ConnectEast Management v Commissioner of Taxation [2009] FCAFC 22, [24] CASES CITED : Draper v The Society of Our Lady's Nurses of the Poor (1980) NSWSC, Kearney J, 3 December 1979, 8 February 1980, ed 3612/79, unreported In the Estate of Webb (deceased) (1992) 57 SASR 193, 195-6 (King CJ)

BTA Institutional Services Australia Ltd (first plaintiff) BNY Trust (Australia) Registry Ltd (second plaintiff) Allco Asset Finance Ltd (objector) Allco Managed Investments Ltd (objector) PARTIES : Allco Management Ltd (objector) ACME Funds Management Ltd (objector) ACME Leasing Pty Ltd (objector) Bank of Scotland plc (interested party) SIF Ltd (interested party)