Du Maurier v Wechsler No 2 [2012] NSWSC 240

Supreme Court New South Wales

Medium Neutral Citation: Du Maurier v Wechsler No 2 [2012] NSWSC 240 Hearing dates: 15/09/11, 15/11/2011, 16/12/11, 09/02/12, 08/03/2012 Decision date: 20 March 2012 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: (1)I dismiss the summons. (2)I will hear the parties on costs. 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 Legislation Cited: Trustee Act 1925 Uniform Civil Procedure Rules 2005 Cases Cited: Application of Gnitekram Marketing Pty Limited [2010] NSWSC 1328 Australian Pipeline Ltd [2006] NSWSC 1316 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 Category: Principal judgment 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