Willoughby City Council (in its capacity as Manager of Talus Street (R73306) Reserve Trust) [2016] NSWSC 127

Willoughby City Council (in its capacity as Manager of Talus Street (R73306) Reserve Trust) [2016] NSWSC 127

The evidence sought to be adduced by the applicant is not relevant to the issues requiring determination in the judicial advice application, which are fundamentally questions of law concerning the legal capacity of the plaintiffs; therefore, the motion for leave to intervene and adduce evidence is dismissed.

Jurisdiction
Australia
Judgment Date
03 February 2016
Procedural Posture
Judicial Advice Application / Interlocutory Motion (notice of Motion)
Outcome
Notice of motion dismissed with costs.
Legal Topics
['judicial Advice to Trustee' 'intervention in Trust Proceedings' "trustees' Duties" 'admissibility of Evidence in Equity Applications']
['equity' 'trusts'] ['judicial Advice to Trustee' 'intervention in Trust Proceedings' "trustees' Duties" 'admissibility of Evidence in Equity Applications']

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Procedural Posture

Judicial Advice Application / Interlocutory Motion (notice of Motion)

Legal Issues

  1. 1 ['Whether leave should be granted to a councillor to intervene and adduce additional evidence in judicial advice proceedings under Trustee Act 1925 (NSW) s 63' 'Whether the evidence sought to be adduced is relevant to the issues requiring decision in the judicial advice application' 'Role of trustee in deciding what material is put before the court in applications under Trustee Act 1925 (NSW) s 63']

Ratio Decidendi

The evidence sought to be adduced by the applicant is not relevant to the issues requiring determination in the judicial advice application, which are fundamentally questions of law concerning the legal capacity of the plaintiffs; therefore, the motion for leave to intervene and adduce evidence is dismissed.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['The notice of motion filed on 21 December 2015 is dismissed.' "The applicant is to pay the respondents' costs of the motion." 'Pages 113 to 116 of exhibit MT-1 are not to be regarded as in evidence.']