Du Maurier v Wechsler [2012] NSWSC 138

Supreme Court New South Wales

Medium Neutral Citation: Du Maurier v Wechsler [2012] NSWSC 138 Hearing dates: 15/09/11, 15/11/2011, 16/12/11, 09/02/12 Decision date: 01 March 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: I order the plaintiff to produce to the defendant the advice of Mr Colin Hodgson dated 20 December 2007. Otherwise I refuse to make the directions relating to access to documents sought by the defendant. Catchwords: TRUSTS - application for judicial advice pursuant to s 63 of the Trustee Act 1925 - whether trustee justified in defending proceedings brought by a beneficiary - whether trustee would be entitled to be paid his indemnity costs from the estate - plaintiff in substantive proceedings joined as defendant - access to documents filed by trustee on application for advice Legislation Cited: Evidence Act 1995 Trustee Act 1925 Cases Cited: Australian Pipeline Ltd [2006] NSWSC 1316 Avanes v Marshall [2007] NSWSC 191; (2007) 68 NSWLR 595 Gray v BNY Trust Co of Australia [2009] NSWSC 789 Londonderry's Settlement, re [1965] 1 Ch 918 Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar, the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar, the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2006] NSWCA 160; (2006) 66 NSWLR 112 McDonald v Ellis (2007) 72 NSWLR 605 Schmidt v Rosewood Trust Ltd [2003] 2 AC 709 Schreuder v Murray [No2] [2009] WASCA 145 Silkman v Shakespeare Haney Securities Ltd 2011 NSWSC 148 Category: Procedural and other rulings Parties: Michael Du Maurier (plaintiff) Katie Wechsler (defendant) Representation: Mr L Ellison SC (plaintiff) Mr D Smallbone (defendant) Gadens Lawyers (plaintiff) Hunt & Hunt (defendant) File Number(s): 2011/266500