The applicant sought to resign as trustee of a family trust.
The Office of the Children's Lawyer brought a cross-application to appoint a new independent trustee, arguing that the settlor's children, who intended to appoint themselves as trustees pursuant to the trust agreement, had abused their discretion as directors of the trust's holding company.
The court found no evidence of abuse of discretion that would justify interfering under s. 5(1) of the Trustee Act, and held that the executors could appoint the next trustees pursuant to the trust agreement.
