TRUSTS - Trustees - Duty to beneficiary - Discretionary trust - Whether trustee had a duty to inform beneficiary of entitlement once determined - Whether trustee had a duty to ensure beneficiary received the benefit of any distribution
https://www.caselaw.nsw.gov.au/decision/54a63cda3004de94513dba6c
And in the Court of Appeal:
EQUITY – trusts – express trust – discretionary – construction – services trust used by large accounting firm – potential objects of trust included spouses of partners and persons nominated by partners – partner nominates spouse as a potential object – distributions paid to a bank account in joint names of the partner and their spouse – spouse unaware of entitlement or that distributions paid into joint account – whether the trust deed permitted interim distributions of ‘income’ – whether trustee had benefit of discharge afforded by the trust deed on payment of distributions into bank account – whether the trustee owed a duty to inform the beneficiary of their entitlement – whether trustee entitled to exemption from liability under the trust deed
https://www.caselaw.nsw.gov.au/decision/556fd9b3e4b0f1d031de930e