Moon v Lafferty is an unsuccessful claim for discovery before commencement. The background of the claim is a family estrangement. The applicants’ mother settled a trust during her life and gifted $300,000 to that trust from a settlement of $388,871 the deceased received from litigation between her and her daughter Jessica (one of the applicants). … Continue reading →
The case of Unkovich v Clapham provides an excellent example of the difficult decisions trustees must make when seeking to uphold decisions made by them in the face of opposition. Â It is useful to first consider the principles that apply to trustee decision making, which are set out at [47] and [48] as follows: [47] … Continue reading →
