Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2:
1. Before the Court is an amended summons seeking judicial advice under s 63 or, in the alternative, orders pursuant to s 81 of the Trustee Act 1925 (NSW). The question for judicial advice is whether the plaintiff, BaptistCare Community Housing Ltd (BCHL), as trustee of a charitable trust called the Kitty Doyle Home Units Trust (Trust), would be justified in proceeding on the basis that it is empowered, under the Amended Scheme referred to below, to grant security over the Trust's property to secure borrowings made for the purposes of the Trust.
2. Relief under s 81 of the Trustee Act will only arise if the answer to that quest...