31 Mar 2021
The successful party, Sheryl Ann Macnamara, is entitled to costs on the 2B scale; the court exercised its discretion to reduce the award by 15 percent to reflect a peripheral unsuccessful unless order, resulting in an award of $9,852.78 to be paid by Noel James Macnamara.
30 Aug 2012
Clause 6B permits multiple reappointments; clause 6B(f) is the operative power to appoint (and thus reappoint) trustees; the waiver in clause 6B(c) had to be exercised within the three‑month period prior to expiry to prevent retirement and creation of a vacancy; because the waiver was not timely in 2006 Ram Custodian's subsequent appointments (2006–2009 and 2009–2012) were invalid; there is insufficient evidence of any deed reappointing Mr Tothill in 2005 so that appointment (2005–2008) was invalid, but Mr Tothill was validly appointed in 2008 and 2011.