In the matter of The Ross Tomlinson Trust

The Ross Tomlinson Trust case involved a dispute regarding the interpretation and potential rectification of a trust deed. The trust deed was intended to establish the terms under which a trust was to be administered, but it contained a potentially significant error. Specifically, the deed defined "vesting day" as being the shorter of two periods: either thirty years after the date of settlement or twenty years after the death of the last survivor of the descendants of King George VI. The concern was that the word "shorter" might have been mistakenly used instead of "longer," which would substantially alter the intended duration of the trust. The trustee sought a declaration to rectify the deed to correct what was believed to be an obvious mistake.

The court had to decide whether the term "shorter" was indeed an error and, if so, whether it was so obvious that it justified rectifying the trust deed. Additionally, the court examined procedural matters related to the participation of the beneficiaries in the proceedings. Despite the absence of all beneficiaries, particularly one whose rights could be adversely affected by the rectification, the court considered whether it was appropriate to proceed with the trustee's claim. The beneficiary in question supported the trustee's application, which influenced the court's decision on whether to allow the proceedings to continue.

The court determined that the term "shorter" was indeed erroneous and should be rectified to "longer." This conclusion was based on the plain meaning of the terms and the context provided by the trust deed. The court found that the error was obvious, warranting the rectification of the trust deed. Procedurally, the court held that it was appropriate to proceed with the trustee's claim, given that all relevant beneficiaries were not necessary parties to the proceedings, especially since the beneficiary whose rights could be affected supported the rectification. The court ultimately made a declaration to rectify the trust deed, correcting the term from "shorter" to "longer" to accurately reflect the intended duration of the trust.