HSBC v. Poon [2015] 1 JLR_Note 7 (19 December 2014)
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.
- Parties
- Applicant: HSBC; Respondent: Poon
- Jurisdiction
- Jersey
- Judgment Date
- 19 December 2014
- Procedural Posture
- Trust Dispute / Judgment
- Outcome
- application granted
- Legal Topics
- Powers and Duties of Trustees, Power to Exclude Beneficiary
Case Brief
Summary, issues, holding and outcome
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Parties
HSBC
Applicant
Poon
Respondent
Procedural Posture
Trust Dispute / Judgment
Legal Issues
- 1 Whether trustees have the power to exclude a beneficiary from a trust
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
Orders
- Trustees are permitted to exercise the power to exclude the beneficiary as provided in the trust instrument.
Full Case Text
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