Where a promisee holds a chose in action on trust for beneficiaries and the beneficiaries wish to argue that the trustee breached fiduciary duties in releasing the claim, the beneficiaries are directly affected by the relief sought and should be joined as parties, even on appeal. The observation in [name withheld] v JP Morgan Trust Australia Ltd that appellate jurisdiction does not extend to equitable issues not raised below does not establish an axiomatic rule and must be read in light of [name withheld]'s Clubs v White City Tennis Club. Delay by minor beneficiaries who are not sui juris and depend on others to enforce their rights does not require explanation.
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