Mawson v AVet Health Pty Limited [2023] FCA 742

Mawson v AVet Health Pty Limited [2023] FCA 742

Where a trust deed contains an express clause enabling the trustee to rely on legal advice and be exonerated from liability for doing so, it is generally contrary to the overriding purpose of the civil practice and procedure provisions for the trustee to seek judicial advice on whether to commence or defend proceedings involving trust property. Moreover, an application for judicial advice must specify the relief sought; as the proposed statement of claim did not, the application must be refused.

Parties
Applicant: Corinne Elizabeth Mawson; First Respondent: AVet Health Pty Limited ACN 616 838 101; Second Respondent: Sanjiv Puri
Jurisdiction
Australia
Judgment Date
30 June 2023
Procedural Posture
Application for Judicial Advice (ancillary to Employment/industrial Proceedings) / Interlocutory Application Judgment on Application for Judicial Advice
Outcome
Application for judicial advice refused
Legal Topics
Judicial Advice to Trustees, Trustee Exoneration Clauses, Oppression Remedies, Costs Indemnity for Trustees
Trusts and Trustees Civil Procedure Employment Law Corporations Law Judicial Advice to Trustees Trustee Exoneration Clauses Oppression Remedies Costs Indemnity for Trustees

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Parties

Corinne Elizabeth Mawson

Applicant

AVet Health Pty Limited ACN 616 838 101

First Respondent

Sanjiv Puri

Second Respondent

Procedural Posture

Application for Judicial Advice (ancillary to Employment/industrial Proceedings) / Interlocutory Application Judgment on Application for Judicial Advice

Legal Issues

  1. 1 Whether the trustee is justified in commencing proceedings in respect of trust property and entitled to judicial advice in light of an exoneration clause in the trust deed and the procedural context

Ratio Decidendi

Where a trust deed contains an express clause enabling the trustee to rely on legal advice and be exonerated from liability for doing so, it is generally contrary to the overriding purpose of the civil practice and procedure provisions for the trustee to seek judicial advice on whether to commence or defend proceedings involving trust property. Moreover, an application for judicial advice must specify the relief sought; as the proposed statement of claim did not, the application must be refused.

Court Disposition

Application for judicial advice refused

Orders

  • The application for judicial advice is refused.