Application by Perpetual Trust Services Limited as responsible entity of the Momentum AllWeather (A$) Absolute Return Fund [2012] NSWSC 758

Supreme Court New South Wales

Medium Neutral Citation: Application by Perpetual Trust Services Limited as responsible entity of the Momentum AllWeather (A$) Absolute Return Fund [2012] NSWSC 758 Hearing dates: 28 June 2012 Decision date: 29 June 2012 Jurisdiction: Equity Division - Duty List Before: Stevenson J Decision: Judicial advice given as to one matter; not given as to another Catchwords: TRUSTS - JUDICIAL ADVICE - application by trustee for judicial advice pursuant to s63 of Trustee Act 1925 - whether advice should be given as to a commercial matter - advice given as to a matter of construction Legislation Cited: Trustee Act 1925 Cases Cited: Auspac Corporate Managers Pty Limited v Jay Noble Pty Limited [2003] NSWSC 548 Harrison v Mills [1976] 1 NSWLR 42 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar the Diocesan Bishop of Macedonian Orthodox Dioceses of Australia in New Zealand (2008) 237 CLR 66 Marley v Mutual Security Merchant Bank & Trust Co Ltd [1991] 3 All ER 198 Re Application of Perpetual Trustee Company Limited [2003] NSWSC 1185 Re Australian Pipeline Ltd (2006) 60 ACSR 625 Texts Cited: Ford and Lee, Principles of the Law of Trusts, vol 2 Category: Principal judgment Parties: Perpetual Trust Services Limited as responsible entity of the Momentum AllWeather (A$) Absolute Return Fund (plaintiff) Representation: Counsel: M Walton SC with M Cairns Solicitors: Clayton Utz File Number(s): 2012/203170