Marigold Pty Ltd v Belswan (Mandurah) Pty Ltd

Marigold Pty Ltd, a unit holder in the Belswan (Mandurah) Unit Trust, applied for an interlocutory mandatory injunction to inspect certain trust documents. The defendant, Belswan (Mandurah) Pty Ltd, the trustee of the Trust, opposed the application. The plaintiff submitted that it was entitled to inspect the Trust documents and that the inspection regime proposed by the defendant was not acceptable. The defendant argued that the plaintiff's application should be denied because the plaintiff had been removed as a director and had engaged in serious misconduct. The defendant also proposed an alternative inspection regime.

The court considered the principles applicable to interlocutory injunctions and the right of a beneficiary to inspect trust documents. The court found that the plaintiff was entitled to inspect certain documents, subject to the defendant's right to provide copies with the deletion of confidential information. The provision of copies would likely meet the wishes of both parties, and further inspection could be the subject of an application if necessary. The court directed that the beneficiary is entitled to inspect certain documents, and the trustee may comply by having copies of the documents, with confidential matters deleted therefrom, delivered to the beneficiary, with liberty to apply if necessary for further inspection.