The appellant, a beneficiary of a family trust, appealed the dismissal of his application to remove the trustees and interfere with their decisions regarding periodic payments.
He alleged the trustees had an inherent conflict of interest and failed to act impartially.
The Court of Appeal dismissed the appeal, finding no inherent conflict of interest and no error in the application judge's conclusion that the trustees had not failed in their duties.
The Court also agreed that issues regarding specific payments out of the trust should be dealt with on the passing of accounts, and found no basis to interfere with the trustees' discretionary decisions regarding periodic payments or the application judge's costs award.
