In the matter of the Alpha Beta and Delta Trust [2023] JRC 138 (02 August 2023)

In the matter of the Alpha Beta and Delta Trust [2023] JRC 138 (02 August 2023)

The Court will not override the Delta Trustee's decision to appoint an observer rather than directors, as it is not unreasonable and does not breach trustee duties; the Court declines to order immediate disclosure of all documents sought by the Representor, finding the Trustees' approach to disclosure reasonable and consistent with procedural fairness.

Citation
[2023] JRC 138
Parties
Applicant: Representor; Respondent: First Respondent (Jersey Trustee); Respondent: Second Respondent (Guernsey Trustee); Respondent: Third Respondent (the brother); Intervener (minor and Unborn Beneficiaries): Advocate Sanders
Jurisdiction
Jersey
Judgment Date
02 August 2023
Procedural Posture
Representation (trust Directions) / Post Hearing Judgment
Outcome
Application dismissed
Legal Topics
Trustee Duties, Disclosure to Beneficiaries, Court Supervision of Trusts, Non Intervention Principle, Bartlett Principle
Trusts Equity Company Law Trustee Duties Disclosure to Beneficiaries Court Supervision of Trusts Non Intervention Principle Bartlett Principle

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Parties

Representor

Applicant

First Respondent (Jersey Trustee)

Respondent

Second Respondent (Guernsey Trustee)

Respondent

Third Respondent (the brother)

Respondent

Advocate Sanders

Intervener (minor and Unborn Beneficiaries)

Procedural Posture

Representation (trust Directions) / Post Hearing Judgment

Legal Issues

  1. 1 Whether the trustee of the Delta Trust must take specific steps regarding management and information flow in the Member Company
  2. 2 Whether trustees of the Alpha and Beta Trusts must disclose documents to the Representor regarding investigation into his role as CEO

Ratio Decidendi

The Court will not override the Delta Trustee's decision to appoint an observer rather than directors, as it is not unreasonable and does not breach trustee duties; the Court declines to order immediate disclosure of all documents sought by the Representor, finding the Trustees' approach to disclosure reasonable and consistent with procedural fairness.

Court Disposition

Application dismissed

Orders

  • No order directing the Delta Trustee to appoint directors or take further steps regarding the Member Company at this stage.
  • No order for immediate disclosure of all documents; Trustees to consider further disclosure at appropriate juncture, ensuring procedural fairness.