NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Application of Uncle's Joint Pty Ltd ACN 148 176 792 & Anor [2014] NSWSC 321 Hearing dates: 21 March 2014 Decision date: 24 March 2014 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: Decline to give judicial advice. Summons dismissed. Catchwords: EQUITY - trusts and trustees - applications to the court for advice and authority - advice sought as to whether trustees justified in defending proceedings which impugn their appointment and resorting to trust assets to fund defence - whether impugned trustees have standing to seek advice - held, they do - where there appear to be reasonable prospects of defence succeeding - where dispute is in substance dispute between beneficiaries - whether advice should be given - held, unfair and unjust to permit trustees to have recourse to trust fund - held, advice declined. Legislation Cited: (NSW) Trustee Act 1925 s 63 Cases Cited: Alsop Wilkinson (a firm) v Neary [1996] 1 WLR 1220 Application of Frost and Fallon [2011] NSWSC 591 Application of Macedonian Orthodox Community Church St Petka Inc (No 2) (2005) 63 NSWLR 441 Arena Management Pty Ltd (Rec & Mgr Apptd) v Campbell St Theatre Pty Ltd [2011] NSWCA 128 Armitage v Nurse [1998] Ch 241 Fay v Moramba Services Pty Ltd [2010] NSWSC 725 Frost v Bovaird [2012] FCAFC 60; 203 FCR 95 Kation Pty Ltd v Lamru Pty Ltd; Lewis v Nortex Pty Ltd (In Liq) [2009] NSWCA 145 Lombe v Wagga Leagues Club Ltd (2006) 56 ACSR 387 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 Maloof v Uncle's Joint Pty Ltd [2014] NSWSC 210 Miller v Cameron (1936) 54 CLR 572 National Trustees Executors and Agency Company of Australasia Ltd v Barnes (1941) 64 CLR 268 Re Application of Macedonian Orthodox Community Church St Petka Inc (No 3) [2006] NSWSC 1247 Re Lenyco Pty Ltd [2010] NSWSC 1094 Category: Principal judgment Parties: Uncle's Joint Pty Ltd ACN 148 176 792 (First Applicant) Darren Adam Pernice (Second Applicant) Representation: Counsel: Mr P Herzfeld (Applicants) Solicitors: Stacks/The Law Firm (Southern Highlands) File Number(s): 2014/ 86483
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