A trustee applying for judicial advice under s 63 of the Trustee Act 1925 (NSW) should ordinarily provide a memorandum of counsel's opinion, state facts in objective terms rather than by reference to the trustees' subjective state of mind, and engage beneficiaries before approaching the court. Where questions concern the identity of beneficiaries or their rights inter se, the court will ordinarily require notice to be given to affected interests before making a final determination. The class closing rules (rule in Andrews v Partington) are displaced where the text of the will is inescapably incompatible with their operation.
The full text is available to signed-in members, including the 69 later cases that cite this judgment.
2 of the 69 citing cases carry a classified treatment. How each court treated it is available to signed-in members.