15 Dec 1995
CLARE BARONESS BAILLIEU v. JAMES WILLIAM LATHAM BARON BAILLIEU
- Citation
- CLARE BARONESS BAILLIEU v. JAMES WILLIAM LATHAM BARON BAILLIEU
- Court
- Court of Appeal
- Case number
- CACV149/1995
The Court allowed the appeal on quantum, holding that trustees possess a discretion to advance capital in appropriate 'special circumstances' which can be taken into account as a realistic source of funds; the petitioner was found capable of ultimately making her own way but deserving of a lump sum (clean break) increased from A$350,000 to A$505,000 to reflect needs, limited employability, and realistic access to trustee advances without undermining trust integrity.