HSBC v. Poon [2015] 1 JLR_Note 7 (19 December 2014)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trust Dispute / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that trustees have the power to exclude a beneficiary if such power is expressly provided in the trust instrument and exercised in good faith.
Court disposition
application granted
Orders
- Trustees are permitted to exercise the power to exclude the beneficiary as provided in the trust instrument.
02
Material facts
Parties
HSBC
ApplicantPoon
Respondent03
Procedural history
Posture
Trust Dispute / Judgment
04
Questions and positions
Legal issues
Whether trustees have the power to exclude a beneficiary from a trust
Party arguments
- Applicant
- Trustees have the authority under the trust instrument to exclude a beneficiary.
- Respondent
- The exclusion of a beneficiary is not permitted under the trust or is improper.
05
Court’s reasoning
Legal principles
- 01
trust law
Trustees must act within the powers conferred by the trust instrument and in accordance with their fiduciary duties.
06
Ratio, limits and disposition
Ratio decidendi
The court held that trustees have the power to exclude a beneficiary if such power is expressly provided in the trust instrument and exercised in good faith.
Court disposition
application granted
- Trustees are permitted to exercise the power to exclude the beneficiary as provided in the trust instrument.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> HSBC v. Poon [2015] 1 JLR_Note 7 (19 December 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR15N107.html Cite as: [2015] 1 JLR_Note 7 [ New search ] [ Help ] HSBC v. Poon 2015 (1) JLR Note 7 (19 December 2014) Trusts-powers and duties of trustees-power to exclude beneficiary The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2015 (1) JLR Note 7 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR15N107.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.