Michael Victor Henley; In the Estate of Hedy Jadwiga Weinstock and Leo Arie Weinstock (No.2) [2013] NSWSC 1105

Supreme Court New South Wales

Medium Neutral Citation: Michael Victor Henley; In the Estate of Hedy Jadwiga Weinstock and Leo Arie Weinstock (No.2) [2013] NSWSC 1105 Hearing dates: 13 August 2013 Decision date: 13 August 2013 Jurisdiction: Equity Division Before: Slattery J Decision: No order made for the payment of either beneficiaries' costs out of Hedy's estate Catchwords: TRUSTS - trust created under a will - judicial advice under Trustee Act 1925 s 63 - whether agreed facts presented by the trustee to the Court incorrect - whether advice should be postponed. COSTS - whether the beneficiaries should bear their own costs of the judicial advice proceedings - or whether their costs should be costs in the administration of the estate - extensive argument by beneficiaries in respect of their own interests - proceedings in the nature of semi-hostile litigation. Legislation Cited: Uniform Civil Procedure Rules 2005 Trustee Act 1925 Cases Cited: Attenborough v Solomon [1913] 1 AC 76 Michael Victor Henley; In the Estate of Hedy Jadwiga Weinstock and Leo Arie Weinstock [2013] NSWSC 975 Category: Principal judgment Parties: Plaintiff:- Michael Victor Henley Amiram Weinstock Tamar Rivqa Beck Representation: Counsel: Plaintiff: B. A. Coles QC; S. Robertson I. Jackman SC; J. Hmelnitsky for Ami Weinstock R. McHugh SC/G. Colyer for Tami Beck Solicitors: Plaintiff: Ronald Kenneth Heinrich, TressCox Lawyers Heather Sandell, Baker & McKenzie Andrew Joseph James Lacy, McCabe Terrill Lawyers Pty Ltd File Number(s): 2012/75034 Publication restriction: No