Application by Black [2016] NSWSC 1872

Application by Black [2016] NSWSC 1872

Mr Black was a legal personal representative and therefore a trustee entitled to seek advice under s 63, and the questions concerned the management or administration of trust property. On the facts, including the absence of significant liabilities, the agreement between Mr Black and the Hong Kong administrator, beneficiary support save for one beneficiary, and Senior Counsel's advice, the proposed interim distribution of shares and later final distribution were justified.

Jurisdiction
Australia
Judgment Date
15 December 2016
Procedural Posture
Application for Judicial Advice Under Trustee Act 1925 (nsw), S 63 / Ex Tempore Revised Judgment
Outcome
Advise that trustee would be justified in entering into transaction.
Legal Topics
['judicial Advice' 'administration of Trust Property' 'legal Personal Representative' 'intestate Estate' 'interim Distribution' 'final Distribution']
['trusts and Trustees' 'equity' 'succession'] ['judicial Advice' 'administration of Trust Property' 'legal Personal Representative' 'intestate Estate' 'interim Distribution' 'final Distribution']

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Procedural Posture

Application for Judicial Advice Under Trustee Act 1925 (nsw), S 63 / Ex Tempore Revised Judgment

Legal Issues

  1. 1 ["Whether the plaintiff, as administrator of the deceased's New South Wales estate, was entitled to judicial advice under Trustee Act 1925 (NSW), s 63." 'Whether the plaintiff would be justified in making an interim distribution of shares to the Hong Kong administrator and later a final distribution of surplus assets.']

Ratio Decidendi

Mr Black was a legal personal representative and therefore a trustee entitled to seek advice under s 63, and the questions concerned the management or administration of trust property. On the facts, including the absence of significant liabilities, the agreement between Mr Black and the Hong Kong administrator, beneficiary support save for one beneficiary, and Senior Counsel's advice, the proposed interim distribution of shares and later final distribution were justified.

Court Disposition

Advise that trustee would be justified in entering into transaction.

Orders

  • ['The Court was prepared to give the advice sought upon draft orders being submitted.']