NSW Caselaw
New South Wales Supreme Court
CITATION : Re Baylily Pty Ltd [2010] NSWSC 6
HEARING DATE(S) : 15 January 2010
JUDGMENT DATE : 21 January 2010
JURISDICTION : Equity Division
JUDGMENT OF : Harrison J
Questions answered as follows: 1. Yes. DECISION : 2. Yes. 3. No. 5. No. 6. Not answered.
CATCHWORDS : TRUSTS - s 63 Trustee Act 1925 – judicial advice – whether corporation removed as trustee of a discretionary trust pursuant to an exercise by an appointor of his power to appoint a new trustee would be justified in defending proceedings taken against it in its capacity as trustee of the trust – question answered 'no'.
Acts Interpretation Act 1901 (Cth) Corporations Act 2001 (Cth) LEGISLATION CITED : First Corporate Law Simplification Act 1995 (Cth) Fringe Benefits Tax Assessment Act 1986 Interpretation Act 1987 Trustee Act 1925
CATEGORY : Procedural and other rulings
Australian Broadcasting Commission v Australian Performing Right Association Ltd [1973] HCA 36; (1973) 129 CLR 99 Bluescope Steel Ltd (formerly BHP Steel Ltd) v Australian Workers' Union [2004] NSWIRComm 222; (2004) 137 IR 176 CASES CITED : Friend v Brooker [2009] HCA 21; (2009) 239 CLR 129 Hide and Skin Trading Pty Ltd v Oceanic Meat Traders Ltd (1990) 20 NSWLR 310 Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate