Pollicino v Pollicino

The appeal concerned a dispute between beneficiaries of a discretionary trust, Mr. and Mrs. Pollicino, and the trustee, Mr. Pollicino. The beneficiaries sought orders for partnership relief and a declaration that certain properties were held on trust for them. The judgment under appeal was interlocutory.

The primary legal issues before the Court of Appeal were whether the trustee had breached his fiduciary duties, whether certain properties were held on trust for the beneficiaries, and what "just allowances" were to be made to the trustee. The beneficiaries also argued that their interests in later properties, which had been used as security for loans, had been prejudiced.

The Court of Appeal found that the trustee had not breached his fiduciary duties. It held that the properties in question were not held on trust for the beneficiaries, and that the trustee was entitled to just allowances for expenses incurred in managing the trust property. The court also determined that the beneficiaries' interests in the later properties had not been prejudiced by their use as security for loans.

The appeal was dismissed, and the appellants were ordered to pay the costs of the appeal.