Lenyco Pty Ltd; Application of [2010] NSWSC 1094

New South Wales Supreme Court

CITATION : Lenyco Pty Ltd; Application of [2010] NSWSC 1094

HEARING DATE(S) : 5 August 2010 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 5 August 2010

DECISION : That the applicant would be justified in doing all things necessary or reasonably incidental to conducting the defence of proceedings 09/288131

CATCHWORDS : EQUITY – Trusts and trustees – Applications to court for advice and authority – whether trustees justified in defending proceedings

LEGISLATION CITED : (CTH) Trade Practices Act 1974, s 52 (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 the Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42

PARTIES : Lenyco Pty Limited (applicant)

FILE NUMBER(S) : SC 09/288416

COUNSEL : Ms T Wong (applicant) Mr C P Lock (trustees in 09/288131)

SOLICITORS : Thomson Playford Cutlers (applicant) Argyle Lawyers (trustees in 09/288131)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Thursday, 5 August 2010

2009/288416 Lenyco Pty Limited; Application of JUDGMENT (ex tempore) 1 HIS HONOUR: In this application under the (NSW) Trustee Act 1925, s 63, the plaintiff Lenyco Pty Ltd, in conformity with the course commended by the High Court of Australia in Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42, seeks advice as to whether in its capacity as trustee of the D'Aquino Family Trust it would be justified in defending proceedings 2090/09 (09/288131) in which various of the class of potential beneficiaries are the plaintiffs.