Ground 7: Significant misunderstanding of facts
Ground 7: Significant misunderstanding of facts
Julian says that the judge was wrong on distributions, that the directions of the earlier judge had been complied with, and that the judge below made findings inconsistent with the correspondence. However, his skeleton argument for the hearing before me does not give any particulars of any of these allegations. And, as I have pointed out, an appellate court should not interfere with the trial judge's conclusions on primary facts unless it is satisfied that he was plainly wrong. As a result, none of these points is made out. And, in any event, none of them could make any difference as to the core question whether it was in the best interests of the beneficiaries to replace Julian. This ground also fails.
- 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
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