Application of Rinehart: 2020/142504 [2020] NSWSC 1624

Application of Rinehart: 2020/142504 [2020] NSWSC 1624

Judicial advice under NSW s 63 does not clearly apply to WA trust; court relies on cross-vested jurisdiction and WA Trustees Act 1962 s 92. Trustee failed to justify appeal from orders referring claims to arbitration and adverse indemnity costs order; insufficient benefit to Trust to warrant risk and expense. Application adjourned for further consideration regarding limited appeal on costs order.

Jurisdiction
Australia
Judgment Date
16 November 2020
Procedural Posture
Application for Judicial Advice (trustee Proceedings) / Interlocutory (application for Judicial Advice; Orders for Adjournment)
Outcome
Application for judicial advice to appeal dismissed (for substantive orders); proceedings adjourned for further consideration of limited advice concerning indemnity costs component of costs order.
Legal Topics
['trusts and Trustees' 'judicial Advice' 'trust Administration' 'statutory Interpretation' 'appeals From Orders' 'cross Vesting Jurisdiction']
['equity' 'conflict of Laws'] ['trusts and Trustees' 'judicial Advice' 'trust Administration' 'statutory Interpretation' 'appeals From Orders' 'cross Vesting Jurisdiction']

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Procedural Posture

Application for Judicial Advice (trustee Proceedings) / Interlocutory (application for Judicial Advice; Orders for Adjournment)

Legal Issues

  1. 1 ['Does the New South Wales statutory advice provision (Trustee Act 1925 (NSW), s 63) apply to a Western Australian trust?' 'Should judicial advice be granted to the trustee to appeal from judgments referring claims to arbitration and staying proceedings?' 'Whether New South Wales statutory advice provision confers immunity to trustee where proper law of the trust is Western Australia' 'Whether appellate litigation is justified for the trust in circumstances of adverse costs and referral to arbitration']

Ratio Decidendi

Judicial advice under NSW s 63 does not clearly apply to WA trust; court relies on cross-vested jurisdiction and WA Trustees Act 1962 s 92. Trustee failed to justify appeal from orders referring claims to arbitration and adverse indemnity costs order; insufficient benefit to Trust to warrant risk and expense. Application adjourned for further consideration regarding limited appeal on costs order.

Court Disposition

Application for judicial advice to appeal dismissed (for substantive orders); proceedings adjourned for further consideration of limited advice concerning indemnity costs component of costs order.

Orders

  • ['Proceedings adjourned until 23 November 2020 or such other date as may be arranged for plaintiff to consider judgment']