Innes v Attorney-General for the State of Victoria

Innes v Attorney-General for the State of Victoria involved the Trustees of the Foundation for the Preservation of the Great Barrier Reef, which was established under a deed of settlement. The trustees had made grants, donations, or gifts to various beneficiaries. The plaintiffs, who were trustees, sought judicial advice on several issues, including whether the trust deed should be rectified, whether the impugned grants should be approved, and whether they should be relieved of personal liability.

The primary legal issues were whether the trust deed should be rectified to reflect the common intention regarding the number of trustees, whether the grants, donations, or gifts should be approved, and whether the plaintiffs should be relieved of personal liability for the impugned grants. The court also considered whether the trust deed should be amended in accordance with the terms of a supplemental deed.

The court found that the plaintiffs, as trustees, had acted honestly, reasonably, and in accordance with legal advice, and there was no evidence of financial impropriety. The court approved the impugned grants, relieved the trustees of any personal liability, and ordered that the parties be indemnified for their reasonable legal costs from the assets of the trust. The court also found that the trust deed should be amended to reflect the supplemental deed.

The court ordered that the impugned grants be approved, the trustees be relieved of any personal liability, and the parties be indemnified for their reasonable legal costs from the assets of the trust. The court also found that the trust deed should be amended in accordance with the terms of the supplemental deed.