Maloof v Uncle's Joint Pty Ltd; Maloof v Uncle's Joint Pty Ltd [2014] NSWSC 210

Maloof v Uncle's Joint Pty Ltd; Maloof v Uncle's Joint Pty Ltd [2014] NSWSC 210

The court should vary the prior orders to enable the first and second defendants to pay from the assets of the trusts their reasonable costs of seeking judicial advice under s 63 of the Trustee Act 1925 as to whether they are justified in defending the proceedings, as this is a step in the administration of the trusts and is implicitly authorised by case law.

Jurisdiction
Australia
Judgment Date
12 March 2014
Procedural Posture
Interlocutory Applications / Application to Vary Orders Prior to Final Hearing
Outcome
Orders of 5 December 2013 varied to enable payment of certain legal costs from trust assets.
Legal Topics
['judgments and Orders' 'variation of Orders' 'trustee Powers' 'judicial Advice' 'costs From Trust Assets']
['equity' 'procedure'] ['judgments and Orders' 'variation of Orders' 'trustee Powers' 'judicial Advice' 'costs From Trust Assets']

Case Brief

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Procedural Posture

Interlocutory Applications / Application to Vary Orders Prior to Final Hearing

Legal Issues

  1. 1 ['Whether court should vary orders to enable trustee defendants to pay costs of proposed application for judicial advice from trust assets']

Ratio Decidendi

The court should vary the prior orders to enable the first and second defendants to pay from the assets of the trusts their reasonable costs of seeking judicial advice under s 63 of the Trustee Act 1925 as to whether they are justified in defending the proceedings, as this is a step in the administration of the trusts and is implicitly authorised by case law.

Court Disposition

Orders of 5 December 2013 varied to enable payment of certain legal costs from trust assets.

Orders

  • ['The order made on 5 December 2013 be varied so as to allow the first and second defendants to pay from the assets of the CJ Maloof Family Trust and Einasleigh Trust (as the case may be) their reasonable costs of seeking judicial advice pursuant to s 63 of the Trustee Act 1925 as to whether they are justified in...