The jurisdiction to remove a trustee under s 77 of the Trustees Act 1962 (WA) is remedial and can be exercised whenever it is expedient to do so — in the sense of being conducive to the interests of beneficiaries, the security of trust property, and the efficient execution of the trusts — without proof of bad faith, misconduct, or breach of trust. A trust deed conferring 'absolute' or 'uncontrolled' discretionary powers on a trustee does not authorise the trustee to 'do what he likes' with trust property; the powers remain subject to fiduciary obligations including the duty to consider the competing interests of beneficiaries and to exclude irrelevant, irrational or improper considerations. Pre-appointment statements by a trustee are relevant (not merely of doubtful relevance) to the question of expediency if they support the conclusion that the trustee is unlikely to bring a fair and objective mind to the exercise of discretionary powers.
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