31 Mar 2010
DE BERNARDO AND ORS V DE BERNARDO AND ORS HC WN CIV-2010-485-380
- Citation
- openlaw-775d5729_072e_4332_ae8e_50ed8ea1812c.pdf
- Court
- High Court
Applying s64A and established authorities, the court concluded the variation should be approved because the likely benefits to the minor and contingent/unborn classes (probable participation at vesting, family cohesion and welfare) and the legitimate need for enhanced trustee powers to manage a $17m corpus over an extended term outweigh any detriment; the minor's expressed views and evidence on improbability of third-class members supported the exercise of the court's discretion to approve the Deed of Variation.