TRUSTS and TRUSTEES – Trust created by Will – Whether private discretionary trust or charitable trust – Powers, duties of trustee of Trust – Potential object of exercise of discretionary power of appointment – Whether has a right to seek information, seek inspection of documents in the possession of the Trustee and accounts – Approach the Court should take to application by a potential object of exercise of discretionary power for an order directing trustee to disclose information and permit inspection of documents relating to the Trust – Whether duty to account to potential object of exercise of discretionary power of appointment – Trustee resisted claim for information, inspection of documents and accounts.
Dr Christos Mantziaris represented the Attorney General (NSW).
Reasons for the decision can be found here.