In the application of NSW Trustee & Guardian [2014] NSWSC 423

Supreme Court New South Wales

Medium Neutral Citation: In the application of NSW Trustee & Guardian [2014] NSWSC 423 Hearing dates: 21 February, 17 March 2014 Decision date: 09 April 2014 Jurisdiction: Equity Division Before: Kunc J Decision: Judicial advice given Catchwords: TRUSTS AND TRUSTEES - Practice and procedure - Application for advice - Form and content of application - Trustee not to seek advice without having formed own view - Counsel's opinion - Trustee Act 1925 (NSW), s 63 Legislation Cited: Trustee Act 1925 (NSW) UCPR Pt 55 r 55 Cases Cited: Application of Gnitekram Marketing Ltd [2010] NSWSC 1328 Application by Marilyn Joy Cottee; Estate of Gwenyth Shirley Smith [2013] NSWSC 47 In re Beddoe [1893] 1 Ch 547 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar the Diocescan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 Re application of Macedonian Orthodox Community Church St Petka Inc [No 3] [2006] NSWSC 1247 Re Estate Late Chow Cho-Poon [2013] NSWSC 844 Texts Cited: A.G. Nevill and A.W. Ashe, Equity Proceedings with Precedents (NSW), Butterworths, 1981 G.P. Stuckey K.C. and C.D. Irwin, Parker's Practice in Equity, 2nd edition, Law Book Co of Australia Pty Ltd, 1949 J.D. Heydon and M.J. Leeming, Jacob's Law of Trusts in Australia, LexisNexis Butterworths, 2006 Category: Principal judgment Parties: NSW Trustee & Guardian Representation: Counsel: R. Kako (Plaintiff) (21 February 2014) J. Brown (Plaintiff) (17 March 2014) Solicitors: NSW Trustee & Guardian File Number(s): 2014/33882 Publication restriction: No