Re Bradley (Deceased)

This case involves cross-applications for the dismissal and replacement of trustees in relation to the estate of William Francis Bradley, who passed away in 1989. The primary application was brought by William, one of the deceased's sons, seeking to replace Garry, another son, as a trustee. The counter-application was by Garry, seeking to replace both existing trustees with an independent accountant. The major asset of the estate is a dairy farm at Rush Creek, Dayboro, which is managed by the trustees. The trustees, Garry and Joseph, have been unable to agree on day-to-day decisions regarding farm management, leading to ongoing conflict and disputes between the brothers. The court was required to determine whether the trustees should be dismissed and replaced, and if so, who should replace them.
The court found that the trustees could not continue to work together due to ongoing disagreements and animosity, which was largely attributable to Garry. The court rejected the suggestion that an independent accountant should be appointed as trustee, as this would delay the decision on who should manage the farm and entail additional costs. Instead, the court appointed Joseph as a trustee alongside Dulcie, the deceased's widow, to promote even-handed treatment of all beneficiaries. The court also made orders to protect Garry's position on the farm and to ensure that the beneficiaries meet with the trust's accountant each year to discuss matters arising in relation to the trust. The court's decision was based on the principles that a trustee may be removed if their continuation in office is not calculated to promote the welfare of the beneficiaries, and that the jurisdiction should be exercised with a view to the interests of the beneficiaries, the security of the trust property, an efficient and satisfactory execution of the trusts, and a faithful and sound exercise of the powers conferred upon the trustee.

The final orders made by the court were as follows: Garry was removed as a trustee of the trust established under the terms of the late William Francis Bradley, and Dulcie was appointed as a substitute trustee of the said trust. The trustees were directed to purchase at their original cost the cattle purchased at the Pittsworth Sale and registered in the name of Joseph and William. The beneficiaries were entitled to a copy of the annual accounts upon completion, and the trustees were required to meet with the accountant for the trust each year prior to the completion of the annual accounts to discuss matters arising in relation to them. The cross-application of Garry was dismissed, and the costs of all parties to these proceedings were taxed on a party and party basis and paid out of the estate.