The Court gave judicial advice under s 63 of the Trustee Act 1925 (NSW) that a corporate trustee was justified in prosecuting a creditor's petition in the Federal Court against an insolvent deceased estate, resisting an application by residuary beneficiaries to set aside bankruptcy orders, and paying its legal costs and any adverse costs orders from trust assets. The advice was given on the basis that the estate owed a substantial debt to the trust, an independent trustee in bankruptcy was in the interests of all parties given the long family dispute, and senior counsel's opinion supported the reasonableness of the proposed course.
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