Soo v Soo [2016] NSWSC 1666

Supreme Court New South Wales

Medium Neutral Citation: Soo v Soo [2016] NSWSC 1666 Hearing dates: 16 November 2016 Decision date: 25 November 2016 Jurisdiction: Equity Before: Stevenson J Decision: Advice given to trustee as set out at [46] Catchwords: TRUSTS – testamentary trust – application by trustee for judicial advice pursuant to s 63 of the Trustee Act 1925 (NSW) as to proper construction of the trust – application by trustee for further powers under s 81 – whether such powers necessary in light of advice given Legislation Cited: Income Tax Assessment Act 1936 (Cth) Income Tax Assessment Act 1997 (Cth) Tax Laws Amendment (2011 Measures No. 5) Act 2011 (Cth) Trustee Act 1925 (NSW) Trusts (Hague Convention) Act 1991 (Cth) Cases Cited: Barry v Borlas Pty Ltd [2012] NSWSC 831 Commissioner of Taxation v Bamford; Bamford v Commissioner of Taxation (2010) 240 CLR 481; HCA 10 Re Sykes (deceased) [1974] 1 NSWLR 597 Re Dion Investments Pty Ltd [2013] NSWSC 1941 Re Dion Investments Pty Ltd (2014) 87 NSWLR 753; NSWCA 367 Stein v Sybmore Holdings Pty Ltd [2006] NSWSC 1004 Texts Cited: M Davies, A S Bell and P L G Brereton, Nygh's Conflict of Laws in Australia, (9th ed 2014, LexisNexis Butterworths) Category: Principal judgment Parties: Julie Yim Ying Soo (Plaintiff) Juliana Wei Hen Soo (First Defendant) Jenny Wai Yee Soo (Second Defendant) Jacqueline Wai Ling Soo (Third Defendant) Stephen Chung Fai Soo (Fourth Defendant) Representation: Counsel: D Barlin (Plaintiff)