Australian Youth & Health Foundation v Perpetual Trustee Company Ltd (No 2) [2017] NSWCA 165

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Australian Youth & Health Foundation v Perpetual Trustee Company Ltd (No 2) [2017] NSWCA 165 Hearing dates: On the papers Decision date: 06 July 2017 Before: Bathurst CJ; Beazley P; Meagher JA Decision: 1. Appeal allowed. 2. Set aside orders 1 and 2 under the heading "Judicial Advice" in the orders made by the primary judge on 16 September 2016. 3. Order that the respondent is released from the undertaking noted in [7] of the orders made by the primary judge on 16 September 2016 and that the appellant is released from the associated undertaking as to damages. 4. Order that both parties' costs of this appeal are payable out of the fund known as the Eric Storm Charitable Trust, such costs to be assessable on an indemnity basis. 5. Remit the matter to the primary judge for further consideration in light of this Court's judgment of 6 June 2017. Catchwords: PROCEDURE – judgments and orders – consequential orders following successful appeal from judicial advice to trustee – whether matter should be remitted to trial judge – no question of principle Category: Consequential orders (other than Costs) Parties: Australian Youth & Health Foundation (Appellant) Perpetual Trustee Company Limited (Respondent) Representation: Counsel: N Cotman SC, D Knoll AM (Appellant) B Coles QC, S Robertson (Respondent)

Solicitors: Pavuk Legal (Appellant) Church & Grace Solicitors (Respondent) File Number(s): 2016/305837 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Citation: [2016] NSWSC 1273 Date of Decision: 13 September 2016 Before: Stevenson J File Number(s): 2016/107692