A prohibition in a trust deed against an individual appointor/beneficiary being appointed 'as a Trustee' may, depending on context and purpose, extend to preclude the appointment of a corporation of which that individual is the sole director and shareholder. The word 'as' in 'appointed as a Trustee' may signify appointment to the role or function of trustee, not merely to the legal office. Where an appointor has misconceived the scope of the power of appointment and there is deep-seated animosity between principal beneficiaries, the court may exercise its power under s 77 of the Trustees Act 1962 (WA) to appoint a new trustee, while allowing the appointor the opportunity to nominate a person subject to court supervision. The majority and minority reached opposite conclusions on the construction question, leaving the precise scope of such prohibitions as a matter of contextual construction in each case.
The full text is available to signed-in members, including the 36 later cases that cite this judgment.
7 of the 36 citing cases carry a classified treatment. How each court treated it is available to signed-in members.