26 Jun 2009
PATRICK DONOVAN AND ANOR V KATHERINE FAY LYNSKEY AND ANOR HC BLE CIV 2006 406 293
- Citation
- openlaw-c41d0e44_b88b_4d66_a651_f4238b02e055.pdf
- Court
- High Court
Because the Trust Deed expressly stipulated a minimum number of trustees of one, s2(4) of the Trustee Act gives effect to that contrary intention and Mr Turner validly retired so that Mr Donovan became sole trustee; Rule 4.52 did not apply because there was no event making it necessary or desirable to add or change a party in the senses contemplated by the rule; accordingly the plaintiffs' application for a New Parties Order was inappropriate and is dismissed.