Perpetual Trustees Victoria Ltd v Soulis [2011] NSWSC 768

Perpetual Trustees Victoria Ltd v Soulis [2011] NSWSC 768

The administrator is justified in settling the proceedings given the risks, costs, and lack of certainty of success, particularly as supported by legal advice and consultation with residuary beneficiaries.

Jurisdiction
Australia
Judgment Date
22 July 2011
Procedural Posture
Trustee Application / Advice Under S 63 Trustee Act 1925
Outcome
Application granted
Legal Topics
['trustee Advice' 'estate Administration' 'settlement Approval']
['equity' 'trusts and Trustees'] ['trustee Advice' 'estate Administration' 'settlement Approval']

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Procedural Posture

Trustee Application / Advice Under S 63 Trustee Act 1925

Legal Issues

  1. 1 ['Whether the administrator of the estate is justified in settling proceedings on agreed terms and conditions']

Ratio Decidendi

The administrator is justified in settling the proceedings given the risks, costs, and lack of certainty of success, particularly as supported by legal advice and consultation with residuary beneficiaries.

Court Disposition

Application granted

Orders

  • ['Ms Anna Soulis Jr as administrator of the estate of Dennis Soulis, deceased, is justified in settling these proceedings on terms and conditions agreed between the parties.']