Moore v Randall

In the case of Moore v Randall, the matter was heard in the Supreme Court of New South Wales. The dispute centred around the administration of an estate, specifically concerning the trustees' powers and the rights of beneficiaries. The central issue was whether the beneficiaries were entitled to inspect the estate's accounts and whether the trustees had the discretion to pay income from the residuary estate to an intellectually disabled beneficiary for their advancement and benefit during their lifetime.

The court examined the trustees' powers in exercising discretion to pay income out of the residuary estate. It determined that this discretion must be exercised in good faith and includes the ability to defer payment of income. The court further assessed whether the beneficiaries had a right to inspect the estate's accounts, a right traditionally upheld in equity. The court also considered the application for an extension of time to bring proceedings under the Family Provision Act 1982, made by the Office of the NSW Trustee and Guardian.

The court ruled that the beneficiaries did not have an unqualified right to inspect the estate's accounts, as this would infringe on the trustees' powers and discretion. Regarding the trustees' discretion, the court confirmed that it was to be exercised in good faith, including the ability to defer payments. The court denied the application for an extension of time, citing unexplained delays, previous litigation without raising the current claim, and the small size of the estate as factors. The prospects of the claim were also found to be weak, leading to the refusal of the extension of time.