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Conclusions
Conclusion
In my judgment, for the reasons given above, all the grounds of appeal fail, and this appeal must be dismissed. I should be grateful to receive a minute of order, preferably agreed between the parties, to give effect to this judgment.
- Heading
- Introduction
- Background
- The claim and the counterclaim
- Procedural matters
- The judgments below
- Grounds of appeal
- Stay and permission to appeal
- Appeals
- The arguments
- Nick and Leessa
- The law
- Removal of trustees
- Conflicts of interest and making unauthorised profits, as applied to executors and trustees
- Costs
- The grounds of appeal: discussion
- Ground 2: Failure to consider that the estate was substantially administered with the beneficiaries’ agreement
- Ground 3: Improper and erroneous conclusions
- Ground 4: Improper removal of the trustee from a discretionary trust
- Ground 5: Unwarranted criticism of an earlier district judge
- Ground 6: Procedural irregularities and unequal treatment prejudiced the appellant
- Ground 7: Significant misunderstanding of facts
- Ground 8: Failing to give sufficient weight to evidence corroborating the appellant’s position
- Ground 9: Erroneous order for costs against the executor
- Ground 10: Costs awarded on an indemnity basis
- Ground 11: Failure to provide adequate reasons for decisions
- Final comment
- Conclusions