Australian Youth and Health Foundation v Perpetual Trustee Company Ltd (No 2)

The Australian Youth and Health Foundation (the appellant) appealed to the Court of Appeal of New South Wales against orders made by the primary judge concerning judicial advice sought by Perpetual Trustee Company Ltd (the respondent) in its capacity as trustee of the Eric Storm Charitable Trust. The dispute arose from the respondent's application for judicial advice regarding the interpretation and application of certain provisions of the trust deed, and the primary judge's subsequent orders, which included undertakings from both parties.

The Court of Appeal was required to determine whether to uphold or set aside the primary judge's orders, particularly those relating to the judicial advice and the undertakings given by the parties. A key issue was whether the matter should be remitted back to the primary judge for further consideration, given that the appeal raised no question of principle.

The Court allowed the appeal, setting aside the primary judge's orders for judicial advice and releasing both the appellant and respondent from their respective undertakings. The Court reasoned that the appeal did not involve a question of principle, and consequently, the matter was remitted to the primary judge for further consideration in accordance with the Court of Appeal's judgment. The costs of the appeal were ordered to be paid out of the trust fund on an indemnity basis.