NSW Trustee and Guardian v Wardy [2017] NSWSC 1466

Supreme Court New South Wales

Medium Neutral Citation: NSW Trustee and Guardian v Wardy [2017] NSWSC 1466 Hearing dates: 26 October 2017 Date of orders: 26 October 2017 Decision date: 26 October 2017 Jurisdiction: Equity Before: Slattery J Decision: Court declines to give judicial advice. Leave given to one beneficiary to file a Cross-Summons seeking substantive relief against other beneficiaries and the trustee. Directions given to prepare the Cross-Summons for hearing. Catchwords: EQUITY – Trusts and trustees – Judicial advice – Trustee Act 1925, s 63 contested dispute between beneficiaries – whether the Court should decline to give judicial advice – whether the proceedings should be transformed into an application for substantive relief to bind all interested parties – what directions should be given to re-constitute the proceedings to determine the substantive relief – application involves contests about: the value of the properties in the estate; the date at which the estate's properties should be valued; the amount of change in value of the estate's properties over time; and which of several estate or other properties should be substituted for the benefit of the devisees, for a property previously sold by the trustee to meet the estate's tax liabilities. Legislation Cited: Trustee Act 1925 (NSW), s 63 Cases Cited: Ewer v Corbet (1723) 24 ER 676 Joyce v Cam (2004) 12 BPR 22,231 Macedonian Orthodox Community Church St Petkar Inc v His Eminence Petar Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 RL v NSW Trustee and Guardian (2012) 84 NSWLR 263 Sotiropoulos as executor of the estate of the late Maria Sotiropoulos v Sotiropoulos [2015] NSWSC 855 Wardy v Wardy & Ors; Estate of Edmond Wadih Wardy [2013] NSWSC 244 Wardy v Salier [2014] NSWSC 473 Category: Principal judgment Parties: Plaintiff: NSW Trustee and Guardian First Defendant: John Wardy Representation: Counsel: