28 Jul 2009
TULSI RAM NARESH V GORDON EDWARD MCCLUSKIE CA CA766/2008
- Citation
- openlaw-0be8f5af_5884_4b4d_9720_aef8fe5eade5.pdf
- Court
- Court of Appeal
The Court affirmed the High Court: the replacement litigation guardian appointment and admission of the unavailable guardian's brief were lawful; the appellant's own evidence and conduct showed repeated breaches of trustee duties, preference of personal interest over beneficiaries and lack of understanding/willingness to comply with the trust deed, making removal under s 51 necessary and expedient; the appellant repudiated a conditional settlement so the respondent was entitled to proceed; the appellant's conduct was sufficiently exceptional to justify indemnity costs on both the original pro…