The Trust Company (Re Services) Limited (in its capacity as responsible entity and trustee of the Australian Wholesale Property Fund) (ABN 45 003 278 831) [2016] NSWSC 117

Supreme Court New South Wales

Medium Neutral Citation: The Trust Company (Re Services) Limited (in its capacity as responsible entity and trustee of the Australian Wholesale Property Fund) (ABN 45 003 278 831) [2016] NSWSC 117 Hearing dates: 19 February 2016 Decision date: 25 February 2016 Before: Ball J Decision: Judicial Advice Given Catchwords: TRUSTS – Judicial advice under Trustee Act 1925 (NSW), s 63(1) – whether trustee is justified in entering into settlement deed – no issue of principle Legislation Cited: Corporations Act 2001 (Cth) Trustee Act 1925 (NSW) Cases Cited: Allco Funds Management Ltd (Receivers and Managers Appointed) (In Liquidation) v Trust Company (Re Services) Ltd (In its capacity as responsible entity and trustee of the Australian Wholesale Property Fund) [2014] NSWSC 1251 Allco Funds Management Ltd (Receivers and Managers Appointed) (In Liquidation) v Trust Company (Re Services) Ltd (In its capacity as responsible entity and trustee of the Australian Wholesale Property Fund) [2014] NSWSC 1296 In re Beddoe [1893] 1 Ch 547 Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 Category: Principal judgment Parties: The Trust Company (Re Services) Limited (in its capacity as responsible entity and trustee of the Australian Wholesale Property Fund) (ABN 45 003 278 831) (Plaintiff) Representation: Counsel: JC Giles SC (Plaintiff)

Solicitors: Norton Rose Fulbright Australia (Plaintiff) File Number(s): 2015/224438 Publication restriction: Nil