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Cooke v Butler, which relates amongst other things to a dispute regarding whether the sum of $100,000 paid to a beneficiary was a loan, considers the issues of common interest privilege and the practical parameters of disclosure and discovery in the context of litigation between trustees and a beneficiary. As stated at [15]: Associate Judge … Continue reading
The Trusts Act 2019 introduces a statutory presumption that trustees will make basic trust information available to every beneficiary or representative of a beneficiary. For the purposes of the Trusts Act: “beneficiary means a person who has received, or who will or may receive, a benefit under a trust (other than a trust for a permitted … Continue reading
The background to the appeal in Lambie v Addleman is encapsulated in [8] and [9] of the decision where the Supreme Court states as follows: The factual background is set out in Whose advice is it?; Rights to information prevail; and Disclosure request declined – 24 years a leap too far for a beneficiary who … Continue reading
Charlotte Gavin and Daniel Powell are siblings who have been engaged in sustained litigation relating to trusts settled for their respective benefit, together with other family members that are their effective inheritances with each only intended to have recourse to the other’s trust if their own trust fails (see Powell v Powell). Charlotte seeks to … Continue reading
Kirby v Kirby is an application for tailored discovery in the context of a Family Protection Act claim in circumstances where the deceased left the residue of his estate after payment of expenses to a trust, the Jubilee Trust (the Trust). The application, which was made by one of the deceased’s two children is defended by … Continue reading
The Supreme Court decision granting leave to appeal the Court of Appeal decision regarding the disclosure of legal opinions and advice obtained by the trustees in Addleman v Lambie Trustee Limited (see Rights in information prevail) raises the thorny question, regarding how advice belongs to, or must be disclosed to, when legal advice is sought … Continue reading
The distinction between discovery and disclosure can appear esoteric and academic. However, as identified in Hoeberechts v Sprott each serves a different function, the purpose of which warrants the relevant reflection. The temptation, whichever is being sought is overreach. Importantly less truly can be more, and more, can result in so much less that forward propulsion … Continue reading
“It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, …” Thus commenced Charles Dickens’ novel A Tale of Two Cities, and similarly the mindset of any settlor of … Continue reading
Pertinent facts: On first blush Biggs v Biggs has the appearance of a David and Goliath style contest. Nation J refers at [10] to the 2300 pages of documents that have had to be considered and at [11] notes that when claims are pursued “in a particular way, there can be scant recognition of the … Continue reading
Matters of Trust 