Stromovka Pty Ltd as Trustee of the Stromovka Trust [2016] NSWSC 1641

Supreme Court New South Wales

Medium Neutral Citation: Stromovka Pty Ltd as Trustee of the Stromovka Trust [2016] NSWSC 1641 Hearing dates: 17 November 2016 Date of orders: 17 November 2016 Decision date: 17 November 2016 Jurisdiction: Equity Before: Kunc J Decision: Judicial advice given Catchwords: TRUSTS AND TRUSTEES – Application for advice – Whether discretionary beneficiaries persons "whose rights as beneficiary may be prejudiced" to be notified of proposed distribution – Trustee Act 1925 (NSW) s 63(8) Legislation Cited: NSW Trustee and Guardian Act 2009 (NSW) Succession Act 2006 (NSW) Trustee Act 1925 (NSW) Category: Procedural and other rulings Parties: Stromovka Pty Ltd (ACN 067 166 474) as Trustee of the Stromovka Trust (First Plaintiff) Ian Leonard Evans (Second Plaintiff) Michael Patrick Kantor (Third Plaintiff) Representation: Counsel:

D Barlin (Plaintiffs)

Solicitors:

Bartier Perry (Plaintiffs) File Number(s): 2016/264710 Publication restriction: No

EX TEMPORE Judgment

Summary 1. By summons filed on 2 September 2016, Stromovka Pty Ltd (the "Trustee"), as Trustee of what is now called the Stromovka Trust (the "Trust"), Michael Patrick Kantor and Ian Leonard Evans apply for judicial advice under s 63 of the Trustee Act 1925 (NSW) (the "Act"). 2. Mr D Barlin of Counsel appeared for the plaintiffs. The evidence included a compendious opinion from Mr Barlin and the Court acknowledges the assistance it has derived from both that opinion and Counsel's thorough presentation of the issues today. 3. The Court is satisfied that the plaintiffs are entitled to the advice set out in paragraph [24] below.