Fast v Rockman
[2015] VSCA 61
Citation 1
(Para 4)
…In Fast v Rockman [2015] VSCA 61 at [44], the Victorian Court of Appeal recently restated the general principle that: [I]f a beneficiary requests it, a trustee is in general obliged to provide documents and information to the beneficiary, at his cost, in relation to the trust property and to provide an accounting…
See v Hardman
[2002] NSWSC 287
Citation 2
(Para 7)
…oved if it is in the beneficiaries’ interests, even if there has been no breach of trust or improper behaviour. As Bryson J stated in See v Hardman [2002] NSWSC 287 at [17]: … the court has power to remove a trustee who has not acted in breach of trust and has not been guilty of misconduct, and the court might deci…
Watson v Foxman
[1995] NSWCA 497
Citation 3
(Para 5)
…As McLelland CJ in Equity observed in Watson v Foxman (1995) 49 NSWLR 315 at 319: … human memory of what was said in a conversation is fallible for a variety of reasons, and ordinarily the degree of fallibility increases with the passage of time, particularly where disputes or litigation intervene, and the process of…
Miller v Cameron
[1936] HCA 13
Citation 4
(Para 5)
…Whether the Court exercises its discretion to remove a trustee turns on the circumstances of each case. In Miller v Cameron (1936) 54 CLR 572, the principles to be applied in an application for the removal of a trustee under the Court’s inherent jurisdiction were stated by Dixon J at 580-581 (with whom Evatt and McT…
Marsella v Wareham (No 2)
[2019] VSC 65
Citation 5
(Para 3)
…In Re Marsella; Marsella v Wareham (No. 2) [2019] VSC 65 ( Marsella ) McMillan J considered this issue in circumstances where the first defendant (and the second defendant, her newly appointed co-trustee) resolved as trustee to pay the first defendant (as one of the beneficiaries) the whole benefit of a fund hel…
Ying Mui Pty Ltd v Hoh (No 6)
[2017] VSC 730
Citation 6
(Para 10)
…In Ying Mui & Ors v Frank Kiang Ngan Hoh & Ors (No 6) [2017] VSC 730, Vickery J found that the trustees had breached their duties due to fraud, and found separately that hostility existed between the persons behind the corporate trustee and the beneficiaries. He removed the trustees. His Honour usefully summarise…
Bullhead Pty Ltd v Brickmakers Place Pty Ltd
[2017] VSC 206
Citation 7
(Para 7)
…In Bullhead Pty Ltd v Brickmakers Place & Ors [2017] VSC 206, Sifris J said at [241] (citing Lake Cumberline Pty Ltd v Effem Foods Pty Ltd [1995] FCA 1340 at [493]): Where there is conflicting evidence, the court will place ‘primary emphasis on the objective factual surrounding material and the inherent commercia…
Rosenberg v Fifteenth Eestin Nominees Pty Ltd
[2007] VSC 101
Citation 8
(Para 2)
…As stated by Habersberger J in Rosenberg v Fifteenth Eestin Nominees Pty Ltd [2007] VSC 101 at [181] (citing Karger v Paul [1984] VR 161 in the first sentence quoted below): The exercise by the trustee of a broad and unfettered discretion will not be examined or reviewed by the Court if the discretion is exercise…
Letterstedt v Broers
[1884] UKPC 1
Citation 9
(Para 6)
…Starke J, in that decision, cited Letterstedt v Broers (1884) 9 App Cas 371 at 579, and stated: The only guide is the welfare of the beneficiaries, and a trustee may be removed if the Court is satisfied that his continuance in office would be detrimental to their interest.…