Where a trustee company seeks rectification of a trust deed on the basis of unilateral mistake, the relevant intention is that of all directors of the trustee at the time of execution, not merely the dominant director. The rectification jurisdiction cannot be used to combine provisions from an unintended deed with additions to schedules — this amounts to impermissible redrafting rather than rectification. Post-establishment distributions do not constitute clear and convincing proof of the form the trust deed was intended to take.
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