Curwen v Vanbreck Pty Ltd

The dispute arose between Curwen, a beneficiary of a trust, and Vanbreck Pty Ltd, the trustee of the trust. Curwen sought an order for the trustee to inspect the trust documents and to remove certain beneficiaries from the trust. The trustee had exercised its power under the trust deed to exclude beneficiaries and Curwen sought to challenge the validity of the exercise of that power, claiming it was done for an improper purpose. The case was heard in the Supreme Court of Queensland.

The central issue for the court was whether the trustee had exercised its exclusion power for an improper purpose. The court had to consider the proper purpose doctrine, which restricts the exercise of discretionary powers in trust instruments. The court had to determine whether the trustee's exercise of the exclusion power was in line with the trust deed and whether it was done for a purpose that was not intended by the settlor. The court also needed to consider whether the trustee's decision was reasonable and whether it was made in good faith.

The court found that the trustee had exercised its exclusion power for a proper purpose, in line with the terms of the trust deed. The court held that the trustee's decision was reasonable and made in good faith. The court found that the trustee had not acted beyond its powers or for an improper purpose. The court dismissed Curwen's application for an inspection of the trust documents and for the removal of certain beneficiaries. The court held that the trustee had acted within its powers and that Curwen's application was not justified.

The court made an order dismissing Curwen's application in its entirety. The court found that the trustee had not exercised its exclusion power for an improper purpose and that its decision was reasonable and in good faith. The court held that the trustee's actions were in line with the terms of the trust deed and did not exceed its powers. The court found that Curwen's application was not justified and dismissed it with costs.