A claim for breach of fiduciary duty by trustees of a charitable trust against a person in their care remains most doubtful as a justiciable cause of action in Australian law, and late applications to amend pleadings to add such claims on the eve of trial will not justify vacating a trial date absent adequate explanation for the delay.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.