Du Maurier v Wechsler [2012] NSWSC 138

Du Maurier v Wechsler [2012] NSWSC 138

The only document required to be produced is the legal advice of Mr Colin Hodgson dated 20 December 2007, as it related to administration of the trust and was the subject of joint privilege. All other directions sought for access to affidavits, counsel's opinions, and costs documents are refused as such material is either privileged for the trustee's personal benefit, is not a trust document, or privilege has not been waived.

Jurisdiction
Australia
Judgment Date
01 March 2011
Procedural Posture
Application for Judicial Advice / Interlocutory Ruling on Access to Documents
Outcome
Partial grant of application for production of documents; otherwise refused
Legal Topics
['judicial Advice to Trustee' 'privilege and Access to Trust Documents' 'costs in Trust Proceedings']
['equity' 'trusts'] ['judicial Advice to Trustee' 'privilege and Access to Trust Documents' 'costs in Trust Proceedings']

Case Brief

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Procedural Posture

Application for Judicial Advice / Interlocutory Ruling on Access to Documents

Legal Issues

  1. 1 ['Whether trustee must provide access to documents relied upon in an application for judicial advice under s 63 of the Trustee Act 1925 to a beneficiary who is a party to related substantive proceedings' 'Whether legal advice obtained by the trustee is subject to joint privilege and must be disclosed' 'Whether certain costs-related documents must be produced']

Ratio Decidendi

The only document required to be produced is the legal advice of Mr Colin Hodgson dated 20 December 2007, as it related to administration of the trust and was the subject of joint privilege. All other directions sought for access to affidavits, counsel's opinions, and costs documents are refused as such material is either privileged for the trustee's personal benefit, is not a trust document, or privilege has not been waived.

Court Disposition

Partial grant of application for production of documents; otherwise refused

Orders

  • ['Order that the plaintiff produce to the defendant the advice of Mr Colin Hodgson dated 20 December 2007.' 'All other directions relating to access to documents sought by the defendant are refused.']