Maloof v Uncle's Joint Pty Ltd; Maloof v Uncle's Joint Pty Ltd [2014] NSWSC 210

Supreme Court New South Wales

Medium Neutral Citation: Maloof v Uncle's Joint Pty Ltd; Maloof v Uncle's Joint Pty Ltd [2014] NSWSC 210 Hearing dates: 7 March 2014 Decision date: 12 March 2014 Jurisdiction: Equity Division - Expedition List Before: Stevenson J Decision: Orders of 5 December 2013 to be varied Catchwords: PROCEDURE - judgments and orders - application to vary orders - whether court should vary orders to enable trustee defendants to pay costs of proposed application for judicial advice EQUITY - trusts - trustee - judicial advice -whether court should vary orders to enable defendants to pay costs of proposed application for judicial advice Legislation Cited: Succession Act 2006 Trustee Act 1925 Cases Cited: Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 Category: Interlocutory applications Parties: In proceedings 2013/360586: Frances Rita Maloof (Plaintiff) Uncle's Joint Pty Ltd (First Defendant) Darren Pernice (Second Defendant) Einasleigh Nominees Pty Ltd (Third Defendant) Albert & May Pty Ltd (Fourth Defendant) In proceedings 2013/360672: Tiba Clementine Maloof (First Plaintiff) Sarah Mariel Maloof (Second Plaintiff) Uncle's Joint Pty Ltd (First Defendant) Darren Pernice (Second Defendant) Einasleigh Nominees Pty Ltd (Third Defendant) Albert & May Pty Ltd (Fourth Defendant) Representation: Counsel: C M Harris SC with M Luitingh (Plaintiff) M Izzo (Defendants) Solicitors In proceedings 2013/360586: TressCox Lawyers (Plaintiff) Stacks The Law Firm (Defendants) In proceedings 2013/360672: Knight Lawyers (First and Second Plaintiff) Stacks The Law Firm (Defendants) File Number(s): SC 2013/360586; 2013/360672 Publication restriction: Nil