13 Jul 2006
HENNESSEY HC ROT CIV 2005-463-400
- Citation
- openlaw-6523dd03_72ff_4b1d_a632_baa6ee4b165d.pdf
- Court
- High Court
The trustees' application for a declaratory judgment was refused because clause 13 cannot lawfully be used to resettle assets in order to acquire a sweeping power to vary the Trust's operative terms where clause 11(a) evidences settlor intent to keep those core terms immutable; allowing the proposed resettlement would improperly enlarge trustees' powers and attack the trust's substratum and s64 does not authorise the general future power sought.