The Application of Eurolinx Pty Limited in its capacity as trustee for the Colbert Security Trust [2017] NSWSC 1306

Supreme Court New South Wales

Medium Neutral Citation: The Application of Eurolinx Pty Limited in its capacity as trustee for the Colbert Security Trust [2017] NSWSC 1306 Hearing dates: 21 September 2017 Date of orders: 28 September 2017 Decision date: 28 September 2017 Jurisdiction: Equity Before: Emmett AJA Decision: See paragraph [36] Catchwords: JUDICIAL ADVICE – whether appropriate to give judicial advice – whether costs should be paid from trust estate Legislation Cited: Trustee Act 1925 (NSW), ss 63, 93 Uniform Civil Procedure Rules 2005 (NSW), r 42.25 Cases Cited: Australian Incentive Plan Pty Ltd v Attorney-General (Vic) (No 2) (2012) 44 VR 661; [2012] VSCA 251 Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66; [2008] HCA 42 Re Australian Pipeline Limited [2006] NSWSC 1316 Re Estate of Cow Cho-Poon [2013] NSWSC 844 Re Rosewood Research Pty Ltd [2014] NSWSC 449 Texts Cited: Nil Category: Procedural and other rulings Parties: Eurolinx Pty Limited in its capacity as trustee for the Colbert Security Trust (Applicant) Mika Colbert by her tutor Paula Fragar (First Plaintiff) Moka Nominees Pty Ltd as trustee for the Mika Colbert Security Trust (Second Plaintiff) Representation: Counsel: J Needham SC with SH Hartford Davis (Applicant) M Condon SC (First and Second Plaintiffs)