Plan B Trustees Ltd v Parker [No 2]

In this case, the plaintiff, Plan B Trustees Ltd, sought directions from the court pursuant to section 92 of the Trustees Act 1962 (WA), seeking clarification on whether the trustee was justified in not initiating certain legal proceedings. The defendant, Parker, contested the application. The matter was heard in the Supreme Court of Western Australia.

The primary legal issue for the court was to determine the factors relevant to granting the sought directions, and to decide whether the trustee should provide a legal opinion from counsel in circumstances where directions were being sought. Specifically, the court had to consider whether the trustee had acted reasonably and in the best interests of the trust by not initiating the legal proceedings.

The court held that the trustee was justified in not commencing the legal proceedings, based on a detailed consideration of the circumstances and the potential risks and benefits involved. The court found that the trustee had acted reasonably and in the best interests of the trust by not initiating the legal proceedings. The court also noted that the circumstances did not necessitate the trustee to provide a legal opinion from counsel. The court concluded that the trustee was entitled to the directions sought, and accordingly, gave the directions.

The final orders of the court were that directions were given to the trustee as sought by the plaintiff.