Re: Application of the Anglican Property Trust Diocese of Bathurst [2016] NSWSC 13

Supreme Court New South Wales

Medium Neutral Citation: Re: Application of the Anglican Property Trust Diocese of Bathurst [2016] NSWSC 13 Hearing dates: 26 May 2014, 14,19 November 2014 and 27 February 2015, 1 May 2015 Date of orders: 01 February 2016 Decision date: 01 February 2016 Jurisdiction: Equity Before: Slattery J Decision: The plaintiff would be justified in defending each of the proceedings and having recourse to trust assets for the purpose of paying its reasonable costs and disbursements of defending the proceedings. The plaintiff would be justified in not commencing proceedings against Ansvar Insurance Limited (Ansvar) in the event that it were to deny or not admit liability. The plaintiff is also entitled to have recourse to trust assets to pay its costs of these proceedings on the indemnity basis. Catchwords: TRUST AND TRUSTEES – judicial advice –application by a trustee for judicial advice as to whether it would be justified in defending certain proceedings brought against it in the Commercial List of this Court and as to whether the trustee would be justified in using the resources of the trust to defend the proceedings – further application for judicial advice as to whether the trustee would be justified in not commencing proceedings against an insurer in the event that it denied liability or failed to admit liability under a relevant insurance policy. Legislation Cited: Anglican Church of Australia Constitution Act 1961 (NSW) Anglican Church of Australia Constitution Act 1902 (NSW) Australian Securities and Investments Commission Act 2001 (Cth) Contracts Review Act 1980 (NSW) Fair Trading Act 1987 (NSW) Trustee Act 1925 (NSW), s 63 Cases Cited: AMP Capital Investors Ltd as Responsible Entity for the KSC Trust [2012] NSWSC 67 Macedonian Orthodox Community Church St Petka Inc v Diocesan Bishop of Macedonian Orthodox Church of Australia and New Zealand (2006) 66 NSWLR 112 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 Northey v Juul [2014] NSWSC 464 Re Application of Macedonian Orthodox Community Church St Petka Inc [No 3] [2006] NSWSC 1247 Re Application of Macedonian Orthodox Community Church St Petka Inc [No 4] [2007] NSWSC 254 Category: Principal judgment Parties: Anglican Property Trust Diocese of Bathurst Representation: Counsel: G.O.Blake SC; W.A.D. Edwards