19 Dec 2023
Leave under r 19.5 was granted because the applicants relied primarily on statutory Trusts Act provisions, the disclosure sought was limited, the proceedings did not require particularised pleadings or complex interlocutory management, and the matter could be dealt with justly and expeditiously under Part 19.
11 Sept 2023
Application dismissed because the Court was not satisfied the distribution deed was reasonably necessary for the applicants to enforce the Trust: their contingent interests have been effectively extinguished, significant delay undermines the utility of disclosure, no convincing confidentiality concern was shown, and disclosure would not alter the present position; therefore disclosure was not required under ss 52–53 of the Trusts Act 2019.
19 Jul 2022
The application for initial disclosure was dismissed because ordering production of the contested trust accounts at the initial disclosure stage would require the Court to find the trustees' decision under s52/s53 to withhold those documents was unreasonable, which would amount to a substantive determination better resolved in the review of the trustees' decision rather than on an interlocutory initial disclosure application.
2 Feb 2022
The Court declined to order disclosure of the requested acquisition documents and the redacted trustee minutes because the documents were not 'trust information' reasonably necessary to enforce the trust, contained commercially sensitive material and trustees' reasons excluded by the Trusts Act, and disclosure would risk prejudicing trustee-company communications and beneficiary interests; the plaintiff breached an equitable duty of confidence by disclosing redacted minute content and final injunctive relief was granted including an order requiring the plaintiff to identify recipients of the…