The existence of a power of appointment in a trust deed does not deprive the court of its power under s 36 of the Trustee Act 1936 (SA) to appoint new trustees where there are other circumstances rendering it expedient for the court to act, including where the appointor is implicated in breaches of trust. An appointor under a trust deed owes fiduciary duties to the beneficiaries and is precluded from exercising the power of appointment where his own interests conflict with those of the beneficiaries.
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