Vagliviello v Vagliviello

In the Supreme Court of Western Australia, the plaintiff, represented by the Public Trustee, sought the removal of the defendant as trustee and guardian of the Vagliviello Investment Trust. The plaintiff also sought to replace the defendant as Appointor of the Trust. The defendant opposed the application. The court considered whether it was in the interests of the beneficiaries, particularly the plaintiff, to remove the defendant as trustee. The court found that the defendant had failed to distinguish between the interests of the Trust, the plaintiff, and others with whom he had a close association, including his own interests. The court also found that the defendant had failed to provide satisfactory accounting for monies handled on behalf of the plaintiff and the Trust. The court concluded that it was expedient to replace the defendant as trustee of the Trust. The court ordered that the Public Trustee be appointed as trustee of the Vagliviello Investment Trust in substitution for the defendant.