Trusts

Trusts are frequently used commercial instrument whereby the legal ownership of some assets is separated from the beneficial interest.

• Miller v Cameron ¹⁾
  • Dixon J said the jurisdiction to remove a trustee is exercised with a view to the interests of the beneficiaries, to the security of the trust property and to an efficient and satisfactory execution of the trusts and a faithful and sound exercise of the powers conferred upon the trustee.
  • In deciding to remove a trustee the Court forms a judgment based upon considerations, possibly large in number and varied in character, which combine to show that the welfare of the beneficiaries is opposed to his continued occupation of the office.