Lenyco Pty Ltd; In the matter of the Daquino Family Trust [2009] NSWSC 846

Lenyco Pty Ltd; In the matter of the Daquino Family Trust [2009] NSWSC 846

The applicant trustee, Lenyco Pty Ltd, would be justified in doing all things necessary or reasonably incidental to conduct the defence of proceedings 2090/09 in its capacity as trustee, in relation to defences raised in the draft defence, and on such other bases as it may be advised from time to time up to and including the setting down of the substantive proceedings for hearing; no requirement will be imposed for provision of privileged or discovery materials as a condition of judicial advice.

Parties
Applicant: Lenyco Pty Ltd; Plaintiff: plaintiffs in 2090/09
Jurisdiction
Australia
Judgment Date
30 July 2009
Procedural Posture
Judicial Advice Trusts / Application for Judicial Advice; Ex Tempore Judgment
Outcome
Judicial advice granted subject to limitation up to setting down for hearing. No conditions as to provision of documents imposed. Liberty to apply reserved.
Legal Topics
Judicial Advice to Trustee, Defending Proceedings, Privileged Documents, Discovery Requests as Condition for Advice
Equity Trusts and Trustees Judicial Advice to Trustee Defending Proceedings Privileged Documents Discovery Requests as Condition for Advice

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Parties

Lenyco Pty Ltd

Applicant

plaintiffs in 2090/09

Plaintiff

Procedural Posture

Judicial Advice Trusts / Application for Judicial Advice; Ex Tempore Judgment

Legal Issues

  1. 1 Whether the trustee (Lenyco Pty Ltd) would be justified in defending the substantive proceedings 2090/09 using trust assets
  2. 2 Whether judicial advice application should be conditional on providing discovery or privileged documents to the plaintiffs

Ratio Decidendi

The applicant trustee, Lenyco Pty Ltd, would be justified in doing all things necessary or reasonably incidental to conduct the defence of proceedings 2090/09 in its capacity as trustee, in relation to defences raised in the draft defence, and on such other bases as it may be advised from time to time up to and including the setting down of the substantive proceedings for hearing; no requirement will be imposed for provision of privileged or discovery materials as a condition of judicial advice.

Court Disposition

Judicial advice granted subject to limitation up to setting down for hearing. No conditions as to provision of documents imposed. Liberty to apply reserved.

Orders

  • Order that Lenyco Pty Ltd would be justified in doing all things necessary or reasonably incidental to conduct the defence of proceedings 2090/09 in relation to all defences raised by it set out in the draft defence to be filed in those proceedings, a copy of which is PX03 herein, and on such other bases as it may...
  • Liberty to apply on three days’ notice.