Application of David Kerr [2017] NSWSC 611

Application of David Kerr [2017] NSWSC 611

The applicant, having complied with orders for disclosure and received no relevant objections, is entitled to the further judicial advice sought; costs for both the applicant and Trustee are to be paid out of the Scheme assets.

Jurisdiction
Australia
Judgment Date
09 May 2017
Procedural Posture
Application for Judicial Advice / Decision on Further Advice and Costs
Outcome
Application granted
Legal Topics
['trustees' 'judicial Advice' 'litigation Funding' 'disclosure to Covenantholders' 'costs']
['equity' 'trust Law'] ['trustees' 'judicial Advice' 'litigation Funding' 'disclosure to Covenantholders' 'costs']

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Procedural Posture

Application for Judicial Advice / Decision on Further Advice and Costs

Legal Issues

  1. 1 ['Whether trustee should have further judicial advice to enter into litigation funding agreement' 'Whether costs should be paid out of Scheme assets']

Ratio Decidendi

The applicant, having complied with orders for disclosure and received no relevant objections, is entitled to the further judicial advice sought; costs for both the applicant and Trustee are to be paid out of the Scheme assets.

Court Disposition

Application granted

Orders

  • ['Orders made in accordance with paras 1 and 2 of the Short Minutes of Order dated 9 May 2017' 'Direct exhibits on the application be returned']