PRACTICE & PROCEDURE - application for summary dismissal - whether cause of action to remove trustee survives vesting of trust - test for summary dismissal - whether case is hopeless, without prospects of success or doomed to failure
TRUSTS - application for summary dismissal of application to remove trustee - where trust has vested after application for removal - nature of duties of a trustee of a vested trust - grounds for removal of a trustee - whether safety of the trust is the central consideration - court's interest in the due administration of the trust - whether it is inevitable that case for removal must fail
TRUSTS - order for production of trust documents and accounts - application for summary dismissal - whether plaintiffs entered into deed releasing their right to make such a claim
PRACTICE & PROCEDURE - application for leave to amend statement of claim - where new facts are alleged to have occurred after the original pleading - where plaintiff seeks to add new grounds of relief - whether proposed pleading articulates cause of action for equitable compensation
Case Details
Citation[2012] NSWSC 1330
CourtNSWSC
JurisdictionNew South Wales
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