22 Oct 2008
MACPHERSON AND ORS V MACPHERSON AND ORS HC PMN CIV-2007-454-849
- Citation
- openlaw-7463785d_72d0_445b_a715_9a4b353ed5f7.pdf
- Court
- High Court
Although exclusion of future spouses constituted a detriment to that contingent class, the Court found the indirect and tangible benefits (preservation of trust for settlors' children and remoter issue, retention of settlors' continuing interest, and enhancement of welfare and honour of the family) sufficiently counterbalanced the detriment under the s64A proviso; accordingly the Court approved the proposed trust variations.