Application by John William Kellert (No 2) [2018] NSWSC 94

Application by John William Kellert (No 2) [2018] NSWSC 94

The Court was satisfied that the Plaintiffs, as executors, would be justified in giving effect to the Deed of Settlement and Release dated 11 December 2017 as the settlement is in the best interests of all beneficiaries, avoids further delay, costs, and uncertainty, and is not opposed by the majority of beneficiaries. The requirements for judicial advice under s 63 Trustee Act 1925 (NSW) are met, and there is no evidence of fraud, concealment or unreasonableness.

Jurisdiction
Australia
Judgment Date
08 February 2018
Procedural Posture
Application for Judicial Advice / Determination of Second Application for Judicial Advice Under S 63 Trustee Act 1925 (nsw)
Outcome
Advice granted in favour of the Plaintiffs; orders made as sought.
Legal Topics
['judicial Advice' 'administration of Estate' 'settlement of Disputes' 'costs']
['equity' 'trusts and Trustees'] ['judicial Advice' 'administration of Estate' 'settlement of Disputes' 'costs']

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Procedural Posture

Application for Judicial Advice / Determination of Second Application for Judicial Advice Under S 63 Trustee Act 1925 (nsw)

Legal Issues

  1. 1 ['Whether the executors would be justified in giving effect to the Deed of Settlement and Release dated 11 December 2017' 'Whether it is in the best interests of beneficiaries, including minors, to compromise outstanding disputes related to the estate']

Ratio Decidendi

The Court was satisfied that the Plaintiffs, as executors, would be justified in giving effect to the Deed of Settlement and Release dated 11 December 2017 as the settlement is in the best interests of all beneficiaries, avoids further delay, costs, and uncertainty, and is not opposed by the majority of beneficiaries. The requirements for judicial advice under s 63 Trustee Act 1925 (NSW) are met, and there is no evidence of fraud, concealment or unreasonableness.

Court Disposition

Advice granted in favour of the Plaintiffs; orders made as sought.

Orders

  • ['By way of advice, pursuant to s 63 of the Trustee Act 1925 (NSW), the Plaintiffs would be justified in giving effect to the Deed of Settlement and Release dated 11 December 2017 entered into with Albert & May Pty Limited, PAMW Pty Limited and certain other parties.' "The Plaintiffs' costs, calculated on the...