In the matter of Perry v Lopag [2023] CIFsd 12 (23 February 2023)

In the matter of Perry v Lopag [2023] CIFsd 12 (23 February 2023)

The court held that while trustees have a duty of confidentiality, this duty is not absolute and may be overridden where disclosure is necessary for the fair determination of proceedings involving beneficiaries.

Source-derived case information.

Citation
[2023] CIFsd 12
Parties
Applicant: Perry; Respondent: Lopag
Jurisdiction
Cayman Islands
Judgment Date
23 February 2023
Procedural Posture
Civil / Interlocutory
Outcome
application granted in part
Legal Topics
Trustee Confidentiality, Disclosure of Trust Documents
Trust Law Confidentiality Trustee Confidentiality Disclosure of Trust Documents

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Parties

Perry

Applicant

Lopag

Respondent

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 Whether trustees are entitled to maintain confidentiality over trust documents in the context of proceedings involving beneficiaries

Ratio Decidendi

The court held that while trustees have a duty of confidentiality, this duty is not absolute and may be overridden where disclosure is necessary for the fair determination of proceedings involving beneficiaries.

Court Disposition

application granted in part

Orders

  • Trustees required to disclose specified trust documents subject to confidentiality protections