Application of Aesthete Pty Ltd [2019] NSWSC 965

Supreme Court New South Wales

Medium Neutral Citation: Application of Aesthete Pty Ltd [2019] NSWSC 965 Hearing dates: 10 April 2019 Date of orders: 31 July 2019 Decision date: 31 July 2019 Jurisdiction: Equity Before: Henry J Decision: See paragraph [64] Catchwords: EQUITY – trusts and trustees – judicial advice –whether jurisdiction under s 63 Trustee Act 1925 (NSW) engaged – whether Court should exercise discretion to provide advice – where allegations of breach of duty against trustees and director of trustees – advice granted on limited terms – further reasons in confidential judgment Legislation Cited: Trustee Act 1925 (NSW), ss 63, 85 Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, s 18 Cases Cited: Application of Gnitekram Marketing Pty Limited [2010] NSWSC 1328 Application of Macedonian Orthodox Community Church St Petka Inc (No 3) [2006] NSWSC 1247 Henry John Northey v Jennifer Frances Juul & Anor [2014] NSWSC 464 Jones v Hirst [2013] NSWSC 163 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66; [2008] HCA 42 Perpetual Investment Management Ltd as Responsible Entity for 10 Schemes listed in the Summons [2014] NSWSC 784 Re Australian Pipeline Limited 60 ACSR 625; [2006] [2006] NSWSC 1316 Re Rosewood Research Pty Limited [2014] NSWSC 449 The Application of Eurolinx Pty Limited in its capacity as trustee for the Colbert Security Trust [2017] NSWSC 1306 Category: Principal judgment Parties: Aesthete Pty Limited as trustee for The Real Money Unit Trust (first plaintiff) Aesthete No. 3 Pty Ltd as trustee for The Hospital Precinct Unit Trust (second plaintiff) Gilmore Finance Pty Ltd (objector) Representation: Counsel: A Fernon (first & second plaintiff) R Marshall SC (objector)