Scotiabank and Trust (Cayman) Ltd v Cora Louise Smith Brossard and Ors - Reasons for Decision
Application by Trustee under Section 63 of the Trusts Law (2011 Revision) for powers to alter the administrative arrangements of the Trust by creating subdivisions of the Trust Fund - no such power given in Trust Deed - circumstances under which it would be appropriate to grant such powers; Trustee application under Trusts Law s.63; Whether court can grant administrative, not dispositive, powers; Power to subdivide trust fund into sub‑funds; Expediency test; No alteration of beneficial entitlements; Modernisation of trustee administrative powers; English s.57 Trustee Act parallels; Appropriateness of granting general power absent specific transaction
All PDF copies on file (2)
Every PDF we hold for this judgment is listed here, including legacy versions pulled from earlier upstream pipelines. Each carries a provenance note so the source of each copy is explicit.
| Cause Number | FSD 0082/2015 (ASCJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Smellie CJ |
| Parties | Scotiabank and Trust (Cayman) Ltd v Cora Louise Smith Brossard and Ors - Reasons for Decision |
| Judgment Date | 2015-10-08 |
| Subject | Application by Trustee under Section 63 of the Trusts Law (2011 Revision) for powers to alter the administrative arrangements of the Trust by creating subdivisions of the Trust Fund - no such power given in Trust Deed - circumstances under which it would be appropriate to grant such powers; Trustee application under Trusts Law s.63; Whether court can grant administrative, not dispositive, powers; Power to subdivide trust fund into sub‑funds; Expediency test; No alteration of beneficial entitlements; Modernisation of trustee administrative powers; English s.57 Trustee Act parallels; Appropriateness of granting general power absent specific transaction |
| Filename (current) | 15-10-08-Scotiabank-and-Trust-v-Brossard-et-al.pdf |
| File MD5 | 1b98dbb79ce23da335d0701112d7b366 |
| Source pipeline | pdb |
| PDB record ID | 3673 |
| PDB URL | https://judicial.ky/n0c-storage/judgments-repository2/15-10-08-Scotiabank-and-Trust-v-Brossard-et-al.pdf |