Lenyco Pty Ltd; Application of [2010] NSWSC 1094

Lenyco Pty Ltd; Application of [2010] NSWSC 1094

Lenyco Pty Limited, as trustee, is justified in doing all things necessary or reasonably incidental to conducting the defence of proceedings 09/288131 in relation to all defences raised by it, and on such other basis as it may be advised from time to time, up to and including the entry of judgment in those proceedings.

Jurisdiction
Australia
Judgment Date
05 August 2010
Procedural Posture
Application Under Trustee Act 1925 (nsw) S 63 / Judicial Advice Sought Prior to Defence of Substantive Proceedings
Outcome
Application granted; trustee justified in defending substantive proceedings.
Legal Topics
["trustee's Justification to Defend Proceedings" 'judicial Advice to Trustees']
['equity' 'trusts and Trustees'] ["trustee's Justification to Defend Proceedings" 'judicial Advice to Trustees']

Case Brief

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Procedural Posture

Application Under Trustee Act 1925 (nsw) S 63 / Judicial Advice Sought Prior to Defence of Substantive Proceedings

Legal Issues

  1. 1 ['Whether Lenyco Pty Limited as trustee would be justified in defending proceedings 09/288131 against claims by beneficiaries' 'Extent to which the trustee may use trust assets to fund defence' 'Whether further application for judicial advice is necessary if trial circumstances change']

Ratio Decidendi

Lenyco Pty Limited, as trustee, is justified in doing all things necessary or reasonably incidental to conducting the defence of proceedings 09/288131 in relation to all defences raised by it, and on such other basis as it may be advised from time to time, up to and including the entry of judgment in those proceedings.

Court Disposition

Application granted; trustee justified in defending substantive proceedings.

Orders

  • ['Order that Lenyco Pty Limited is justified in conducting the defence of proceedings 09/288131 in relation to all raised defences and on such other bases as advised, up to entry of judgment.' "Liberty to apply reserved on three days' notice by arrangement with the judge's associate."]