Acting Master Griffin directed under s 92 of the Trustees Act 1962 (WA) that the replacement trustee (GEDPL) and the appointor (GIPL) were justified in defending substantive proceedings challenging the removal of the former trustee, and in using trust funds for that defence. The Court found reasonable prospects of defending allegations of improper purpose and breach of fiduciary duty, noting the documented governance concerns, the appointor's attempts to engage independent trustee companies, and that the removal power was express and unfettered. The decision turned on its own facts, including the sustained breakdown in the relationship between the parties and the inquorate status of the former trustee's board.
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