Finikiotis & Anor v Sandhurst Trustees Ltd

The applicants, Finikiotis and another, sought to appeal a decision of Sandhurst Trustees Ltd. The dispute concerned the interpretation and application of a deed of trust, specifically regarding the distribution of trust assets. The matter came before Justice Kirby in chambers.

The primary legal issue before the court was whether the trustees had acted within their powers in distributing certain trust assets to beneficiaries, and whether the applicants, as beneficiaries, had been afforded their proper entitlements under the deed. This involved an examination of the trustees' fiduciary duties and the construction of the relevant clauses within the trust deed.

Justice Kirby considered the terms of the trust deed and the established principles of trust law concerning the exercise of trustee powers and the rights of beneficiaries. The court's reasoning focused on the specific wording of the deed and the established legal framework governing the conduct of trustees. The court found that the trustees had acted within the scope of their powers as conferred by the trust deed.

The application for leave to appeal was dismissed.