20 Sept 2012
CLAYDON V SYMONDS HC CHCH CIV-2012-409-000891
- Citation
- openlaw-160ba77c_7b73_4489_a668_ebdfab93330e.pdf
- Court
- High Court
The application to remove the trustees was dismissed because there was no evidence of breach of trust or compelling grounds for removal; trustees were acting prudently in preserving capital and exercising discretion for the beneficiary's long‑term interests; a breakdown in relationship and loss of beneficiary confidence alone did not justify removal; although an exclusion clause limiting s68 applications may be contrary to public policy, no directions were required in the circumstances.