Christos Pandelis Lemos and Ors v Coutts and Co (Cayman) Limited and Ors - Judgment

¶ ```html IN THE CAYMAN ISLANDS COURT OF APPEAL HOLDI A.NOS.RGE TOWN, GRAND CAYMAN C.I.C：AT G 2，5，10/92 AND 2，9，10，12，13，15/93 BI THE HONOURABLE MR.JUSTICE ZACCA，PRESIDENT THE HONOURABLE MR.JUSTICE HENRY，J.A. THE HONOURABLE MR.JUSTICE KERR，J.A. BI WEEN：(1) CHRISTOS PANDELIS LEMOS(1st Plaintiff)Appellant (2) PANDELIS CHRISTOS LEMOS2nd Plaintiff (3) MARIKA LEMOS(a minor)(by Kalliopi Lemos hermother and next-friend)3rd Plaintiff AND(1) COUTTS&CO.(CAYMAN)LIMITED (2) COUTTS&CO.(TRUSTEES)A.G.(a company incorporated in thePrincipality of Liechtenstein) (3) RYDAL INC.(a company incorporatedin the Republic of Panama) (4) SEATON TRUSTEES INC.(a companyincorporated in the Turks andCaicos Islands) (5) COUTTS&CO.(JERSEY)LIMITED(a company incorporated in Jersey) (6) PARTHENON TRUSTEES S.A.(a companyincorporated in theRepublic of Panama) (7) ASPASIA LEMOS (8) MARIGO PATTAS (9) IOANNA SAMONASDefendants/Respondents(By Original Action) AND(1) COUTTS&CO.(CAYMAN)LIMITED (2) COUTTS&CO.(TRUSTEES)A.G.(a company incorporated in thePrincipality of Liechtenstein) (3) RYDAL INC.(a company incorporatedin the Republic of Panama) (4) SEATON TRUSTEES INC.(a companyincorporated in the Turks andCaicos Islands) (5) COUTTS&CO.(JERSEY)LIMITED(a company incorporated inJersey) (6) PARTHENON TRUSTEES S.A.(a company incorporated in theRepublic of Panama)-and- P.AE(1) CHRISTOS PANDELIS LEMOSAppellants/Defendants (2) GEORGE PANDELIS LEMOSRespondent/Plaintiffs STV(2) GEORGE PANDELIS LEMOSRespondent/Defendant(By Counterclaim) ```
```html MR. AIBRAY，Q.C.，MR. JOHN STEVENS AND MR. ANGUS FOSTER FOR DREPMT WT CHRISTOS LEMOS MR. JOHN WALKER，Q.C.，AND MR. OLIVER WATLER FOR THE TRU AMON PONDENTS MR. EELEBERGA，Q.C.，AND MR. CHARLES QUINN FOR GEORGE LEMRAMAH I MR. P.：KITCHIE FOR 7TH，8TH AND 9TH DEFENDANTS. TH JULY 26，27，28，29，30 stere heagust 2，3，4，5，6，9，1993 ZAC of tl these several appeals have been consolidated and support ement f. Graham Ritchie on behalf of the 7th，8th and J. Tendants as appellants in the election and dis- clowa：documents summonses stated that these appellants will in 198t and adopt the submissions of Mr. Walker on beh； and the Trustees. stee Pane dispute arises as a result of a deed of set C reexecuted by Captain Pandelis Christos Lemos dat runuary，1984. It is called the Trofos Founda- tio ics set up in the Cayman Islands. Captain Lemos die 1 are 9. He left surviving him，his wife and four chi namely，Aspassia Lemos，Christos Pandelis Lemos， Geo wo delis Lemos，Mari go Patitsas and Ioanna Samonas. Captain Lemos transferred under the control of his shipping business and the greater part of his assets. The first six defendants in Cause 425 R past and present trustees of the Foundation. TheST J(，eight and ninth defendants are the widow and wCA OS Righters of Captain Lemos. G ty tl al d ed 1 ld 1 n 1 rg ：s rg 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 <
```markdown # Transcript of the Document The first Plaintiff in Cause 425/91 is the son of First Plaintiff and the second and third Plaintiffs are the Plaintiff's children. The fourth defendant, Seaton Trustees Incorporation, is sixth defendant by Captain Lemos' son-in-law, Mr. Samonas and the defendant, Parthenon Trustees S.A. is controlled by the defendant, Captain Douris, the personal lawyer and friend of the late Captain Lemos. On the 16th October, 1991, Christos Lemos and his two eldest children, the Plaintiffs, commenced proceedings against Greek defendants in the Cayman Islands (Cause 425/91). In doing so, the Plaintiffs, whilst not challenging the validity of the Foundation, does not admit to rote Trust. They make serious allegations against the Trust and are seeking remedies for Breach of Trust, including the removal of the Trustees. Captain George Lemos, who was later joined as a defendant by beneficiaries, have brought no action in the Cayman Islands. Christos and his brother George have however, each brought proceedings in Greece. These proceedings are described in the Plaintiffs' Statement of Claim (Cause 425) as follows: "In separate proceedings which have been commenced before the Court of First Instance in Athens the First Plaintiff and his brother Georgios Lemos seek judgments against the Defendants (among others) for minor percentages of the Lemos interest or their value, on the footing that the Foundation was a fictitious gift within Article 138 of the Greek Civil Code or a contract for the succession to a living person within Article 268 of that Code, or that it deprived that First Plaintiff and his brother of indefeasible rights of theirs under the Laws of Greece as two of the heirs of Captain Lemos." ```
```html 4 al Founders George Lemos' proceedings in Greece have been brought on George Lemos' proceedings in Greece have been Cately and independently of his brother Christos. ings bc sistos Lemos is therefore a Plaintiff in proceedings in Greece and the Cayman Islands. George is himself a Plaintiff in the Greek proceedings. The issue arising in the Greek's proceedings are different from the issue arising in the Cayman proceedings. Undisput in the Cayman proceedings. here 425e appeals concern interlocutory Orders made in Canada 91 and Cause 487/91. Under the terms of the Foundation, Captain Lemos' widow good four children are discretionary beneficiaries of Capital and Income. It is said that each of the beneficiary founda has been receiving $1，000，000.00 annually from me of the Foundation. I appears that for sometime prior to his death, the relationship between Captain Lemos and his two sons was far from good. may be useful to look at some of the features of the Foundation which was established on 5th January, 1984 "The Trustees are empowered to remove and add beneficiaries; The Trustees have a wide power of appointment among the beneficiaries and to declare discretionary trusts of income among them with power to pay or apply capital to or for the advancement or benefit of any of them, and in default and subject to the aforesaid to declare a trust of Capital for the beneficiaries living on the day before the perpetuity date; aus ed leiro pi ic elth ```
```html -5- "The Trustees are required to keep accurate account of their trusteeship but the trust deed contains as Clause 10(ii) the following： "It is hereby expressly provided that notwith- standing any rule of law or equity to the con- trary no beneficiary shall be entitled to the production or inspection of such accounts： (a) except with the consent of the settlor during his lifetime； and (b) after the death of the settlor if the trustees shall (in their absolute dis- cretion) think fit；" The Trust Trustees are authorised to act as Bankers to the trust on the same terms as would be made with a customer." In powle deed of settlement provided very wide powers to S. threes but were subject to control during the life of Captain Lemos. The power of appointing, removing and replacing trustees was vested in Captain Lemos. It also vested the Captain Lemos the power to request in writing that the fund be vested or re-vested in him and there was by deed to revoke or vary any of the trusts or powers. In 1988 Captain Lemos sent to the Trustees a "Memorandum of Wishes" dated 4th January, 1988. In it is reflected the bad relationship which then existed between him and his two sons. The Memorandum of Wishes stated： "1. As Settlor and Founder, I appreciate that this Memorandum has no legal and binding effect and it should not be taken as an attempt to fetter in any way the Trustees in the exercise of their discretionary powers， but I am sure you would be interested to have a record of my views as to the objectives and future operations of the Foundation. ```
```html 2. In the Deed I am the first-named and principal Beneficiary, I have powers to change the terms and provisions of the Deed in whole or in part and even to revoke the Deed completely and bring the Foundation to an end. I also have powers to remove all or any of the Trustees and to appoint new ones in their place. 3. It follows that during my lifetime I would like to be treated as principal Beneficiary and Chief Investment Advisor, and no investments or distributions should be made from the Trust Funds without my consent. It is my wish that while I am alive the Trustees and the Foundation should play a passive and dormant role and generally be guided by me in the exercise of their powers and distributions. 4. If any member of my family, being a Beneficiary, ever attempts to (i) attack the Foundation in any way or challenge any of its provisions (ii) challenge its validity in any Court of Law anywhere in the world (iii) institute or threaten to institute any legal action against the Foundation or the Trustees (iv) dispute any exercise of the discretionary powers of the Trustees (v) engage in any activity to desolve (sic) or terminate the Foundation (vi) anticipate, alienate or assign their interest in the Foundation then the Trustees are requested to remove any such Beneficiary, after due warning, from the discretionary class. Any litigation or legal action ever taken against the Foundation or the Trustees I would like defended vigorously in the Courts by the Trustees without regard to cost. In the event that either or both of my sons seek to attack the Trust, I wish their children to be immediately removed from the list of beneficiaries. However, this would have lasting effect only if litigation ensued. In the event that they subsequently ceased to challenge the arrangements, and no litigation was started, the Trustees shall at their discretion reinstate the children so removed ```
```markdown # After my death and when possible, I would like in due course at least two persons to be elected as trustees from my direct blood line, regardless of change of surnames by marriage. These persons should only be elected after severe and careful scrutiny and examination of their general ability, honour, integrity, reputation and trustworthiness. I do not wish either of my two sons to occupy any post on this Trust or any other active role, because their behaviour, attitude and manner has proven that they are untrustworthy and incapable of managing my wealth with honour and faith according to our traditions. The summons asked for the following directions:

¶ [1] Directions whether the Applicants, the present Trustees of the Troflos Foundation, should or should not defend the action (Cause No. 425 of 1991) commenced against them by Christos Pandelis Lemos and others ("the Cayman action"), to the extent of opposing the Plaintiffs' first and second Amended Summons dated 23rd November, 1991.

¶ [2] Directions whether the Applicants should oppose the application by the Plaintiffs in the Cayman action for the continuation of the ex parte injunctions made on the 16th October, 1991.

¶ [3] A direction that the Applicants be authorised to seek and obtain legal advice in connection with proceedings commenced against them and others by Christos Pandelis Lemos and George Pandelis Lemos in the Court of 1st instance in Athens ("the Greek actions").

¶ [4] Directions whether the Applicants should or should not defend the Greek actions.

¶ [5] Such further or other directions as the Court thinks fit. ```
```html On 22nd January, 1992, Malone, C.J. made the following order： 2. The Trustees of the Trofos Foundation are authorised at the expense of the trust fund to defend the action (Cause No. 425 of 1991) commenced against them by Christos Pandelis Lemos and others ("the Cayman action") to the extent of opposing the Plaintiffs' first and second amended summonses dated 22nd November, 1991. The Trustees are authorised and directed to oppose at the expense of the trust fund to the application by the Plaintiffs in the Cayman Action for the continuation of the ex parte injunctions made on the 16th 3. October, 1991. 5. The Trustees are authorised, at the expense of the trust fund, to seek and obtain legal advice in connection with proceedings commenced against them and others by Christos Pandelis Lemos and George Pandelis Lemos in the Court of First Instance in Athens ("the Greek Actions"). On 24th November, 1991, the following Order was made： an application by way of Originating Summons is adjourned. It Costs of and incidental to this application be paid by Christos Pandelis Lemos and the other Plaintiffs in the Cayman Action. APPE date ovember, 1991, the following Order was made： st. is ordered and directed that： (1) The Trustees of the Trofos Foundation be authorised at the expense of the Trust Fund to make applications to the First Instance Court of Athens in the actions commenced against them by both George Pandelis Lemos and Christos Lemos to the effect that a "notice of suit" be served on those beneficiaries of the Trofos Foundation who have not been joined in the said actions. is this part of the Order that is appealed again. 3d ZAI Ins ```
```html 92 de ：AL 1On 18th September， 1992， the following Order wa It is ordered that： (1) The Trustees be authorised and directed to defend the Greek proceedings at the expense of the Trust fund； (2) The Trustees are also authorised to pay the legal fees and expenses of all related Companies and individuals on the attached schedule in the event they are represented in the Greek Pro- ceedings jointly with the trustees. September 93 On 4th February， 1993 the Judge of the Grand an Order similar to the second Order made on 18 AL 13ember， 1992 to the effect： (1) The Trustees are authorised to pay the legal fees and expenses of all related Companies and individuals listed in the attached schedule in the event that they are represented in the proceedings before the First Instance Court of Athens jointly with the Trustees. AI /93 There are two issues on this appeal. (1) . Plaintiffs' application for a pre-emptive Order for costs； (2) Trustees' Election Summons being within the scope of the Beddoe Order. An application by Summons dated 4th February， 19 made by the Plaintiffs for an order： (1) That the applicants be paid their reasonable expenses incurred in connection with the legal proceedings， Grand Court Cause No. 425 of 1991 out of the funds refuted to be the subject to the Trusts of the settlement known as the Trofoss Foundation. This summons was dismissed by Harre， C.J. ```
The document appears to be a legal document discussing the costs of an election summons brought by the Trustees. Here is a faithful transcription of the text, formatted with Markdown, HTML, and LaTeX as requested: ```markdown # Legal Document Transcription The dismissal of Election Summons brought by the Trustees was the order of Harre, C.J. He however ordered that the costs to the Trustees should be paid out of the Trust fund. In respect of this decision the learned Chief Justice stated in his judgment at page 3: "With regard to the Trustees' costs I do not regard the Trustees' action in bringing the election summons in relation to Christos and George as being within the scope of the Beddoe Order and so rule." The said Appellants submitted that the Trustees were engaged in hostile proceedings in which the Trust was defending themselves and not the Trust. In the circumstances, costs should not be awarded out of the Trust fund to the Trustees at the expense of the Trust fund to obtain actions pursuant to paragraphs 1, 2 and 3 of the Summons in the case of re Beddoe [1893] 1 Ch. 547, Lindley, L.J. at p. 557: But a trustee who, without the sanction of the Court commences an action or defends an action unsuccessfully, does so at his own risk and at his own expense. If he acts on counsel's opinion, and when the trustee seeks to obtain such costs out of his trust estate, he ought not to be allowed to charge them against his cestui que trust estate under very exceptional circumstances. If indeed, the Judge comes to the conclusion that he should have authorized the action or defence had he been applied to, he might, in the exercise of his discretion, allow the costs incurred by the trustee out of the estate; but I cannot imagine any other circumstances under which the costs of an unauthorized and unsuccessful action brought or defended by a trustee could be properly thrown on the estate. Now, if in this case the trustee had applied by an originating summons for leave to defend the action at the expense of the estate, I cannot suppose that any Judge would have authorized him to do so. Consequently, I should not myself have allowed these costs out of the estate." ``` This transcription maintains the original text as closely as possible, including the legal citations and the nuances of the argument presented.
```html 11 " I entirely agree that a trustee is entitled as of right to full indemnity out of his trust estate against all his costs, charges, and expenses properly incurred: such an indemnity is the price paid by cestuis que trust for the gratuitous and onerous services of trustees; and in all cases of doubt, costs incurred by a trustee ought to be borne by the trust estate and not by him personally. The words "properly incurred" in the ordinary form of order are equivalent to "not improperly incurred." This view of a right of a trustee to indemnity is in conformity with the settled practice in Chancery and with Turner v. Hancock (1), the latest decision on the subject. But considering the ease and comparatively small expense with which trustees can obtain the opinion of a Judge of the Chancery Division on the question whether an action should be brought or defended at the expense of the trust estate, I am of opinion that if a trustee brings or defends an action unsuccessfully and without leave, it is for him to show that the costs so incurred were properly incurred." he states n Re Spurling [1966] 1 All E.R. 745, Ungood-Thomas, J. to the case of Turner v. Hancock [1882 20 C.L.D. 303] and quotes a passage from Sir George Jessell, M.R. who states: It is not the course of the court in modern times to discourage persons from becoming trustees by inflicting costs upon them if they have done their duty, or even if they have committed an innocent breach of trust. The earlier cases had the effect of frightening wise and honest people from undertaking trusts, and there was a danger of trusts falling into the hands of unscrupulous persons who might undertake them for the sake of getting some- thing by them. This case establishes that, as a matter of contract between a trustee and the author of the trust, the trustee is entitled as between himself and the beneficiaries to receive out of the trust fund "proper costs incident to the execution of the trust" including the costs of litigation, and that this right can only be lost by mis- conduct." In National Anti-Vivisection Society Ltd. v. Duddington, The 23rd October, 1989, Munnery, J. at p. 3 states: P. / are re ```
```html 12- It is accepted on behalf of the plaintiff that the court has jurisdiction to make an order as to the ultimate incidence of costs in the proceedings ahead of the trial of the action. (Re West stock Realisations Limited, [1988] BCLC 354 at 358). This jurisdiction extends to the making of an order for payment of costs out of a fund which at the end of the day is found to belong beneficially to another person: for example, as in the case of the costs of trustees and other parties incurred in determining who is beneficially entitled to monies held by the trustees. The question is, therefore, one of discretion. I have to decide whether this is an appropriate case for making an order now in terms which ensure that, win or lose, the defendants will be entitled to their costs out of the property in dispute. I am asked to do this before the facts of the case have been fully explored and before the relevant law has been fully argued. That discretion has been exercised by the court most frequently in favour of trustees and executors. There is a well-established practice whereby a trustee, who has it in mind to bring or defend an action in respect of the trust property, can apply to the court for directions in order to secure his right to be indemnified out of the trust property for the costs already incurred and to be incurred by him in proceedings which are authorised by the court. The court may order otherwise only on the ground that the trustee or personal representa- tive has in substance acted for his own benefit rather than for the benefit of the fund. A pages 4-6, Mummy, J. states： The following factors have featured in the decided cases as relevant to the Courts jurisdiction to make pre-emptive costs orders： (1) The Merits (2) The likely order for cost at trial. Unless satisfied that it is likely that the court would, after trial, make an order that the costs in question should be paid out of the fund, it is not, in general right to make such an order before trial. (Re West stock Realisations [1988] BCLC 354，supra 359D). Thus, in the case of a trustee, court at trial will in general give effect to a trustee's right to indemnify out of the trust fund if he has acted properly for the benefit of the fund in the pursuit or defence of pro- ceedings, even if he is ultimately unsuccessful. ```
```markdown # The Justice of the Case A pre-emptive order should not be made if there is a real possibility of its operating unjustly. It may be unjust in a particular case for the claimant to be placed in a position where, if he wins, the property held to be his is burdened with the payment of the costs of the unsuccessful party. This is a powerful consideration in a case where the persons who would benefit from the pre-emptive order are all adults and sui juris and are able to make up their own minds whether or not to resist the claim. (See, for example, Re Evans [1985] 3 All ER 289 [1986] 1 WLR 101, at 106, supra at 107 E to F, per Nourse LJ.) In this case the defendants are adult and sui juris, as are the other members of the alleged breakaway Bristol branch whom they represent. They are all able, with the benefit of professional advice, to make up their own minds and take their own decisions about the defence of the claim. They are permitted under the terms of the order of 16th March 1989 to use the funds in dispute to pay legal expenses properly and reasonably incurred in connection with the proceedings. If their defence is successful, the plaintiff will be ordered to pay the costs. If the defence is unsuccessful they may be personally liable to repay to the fund the sums which have been used for legal expenses. In my judgment, it is unjust that the defendants should be guaranteed their costs out of the fund, whether they win or lose, particularly when I was informed by Mr. Rees Davies that the defendants are unwilling for the plaintiff to have the protection of a similar pre-emptive order for its costs. The Orders dated 22nd January, 1992; 26th March, 19th September, 1992 and 4th February, 1993, which re Appeals 2, 5, 10 of 1992 and 2 of 1993 may be co together. ```
```markdown **14** discr. Were these Orders made in the proper exercise of obsequiatory jurisdiction which the Judge undoubtedly has? It is notved that not all of the beneficiaries are at the Fœtus the bona fides of the Trustees or the validity of the application in the Greek action. Co. It is right and proper for Trustees to approach the Court for directions and permission to defend an action which is brought against the Foundation. The Plaintiffs in the matter of the 25/91 while not admitting the validity of the Foundation are challenging the validity of the Foundation in an action. Le. In granting the above Orders, I would hold that the Chief Justice properly exercised his discretion in granting the Orders sought by the Trustees. Also cl. In the circumstances, I would dismiss Appeals 2, 3, and 4 of 1992 and 2 of 1993. ut O. In so far as Appeal 13/93 is concerned, there are issues to be resolved. The Plaintiffs/Appellants are challenging the Order of Harre, C.J. whereby he dismissed the Ongoing Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. 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They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for a pre-emptive Order for costs. They are challenging the Order of Harre, C.J. whereby he dismissed the Order for
```html 2. The court has jurisdiction to make an order for costs to be awarded out of the fund after deciding the substantive issues. That would be the position if the outcome of the action was shown to be for the benefit of the fund - in this case, if it were established that the trustees should be removed or should make some recompense to the fund. At this stage of the action, the outcome of that highly controversial issue cannot be foreseen. Whether or not the plaintiffs are right in saying that they are ultimately bound to win in obtaining an order to account, the view to be taken by the court as to the matter of costs on this aspect is not one which I would wish to pre-empt at this stage. 3. This is not a situation where the plaintiffs are suing for disinterested reasons so that they cannot be expected in any event to take the risk of litigating at their own expense. Christos' Cayman and Greek actions, viewed together, make that clear in this case. 4. It is not necessary to make any pre- emptive order for costs in order to ensure that any interest which should be represented (as, for example, in pension fund or minority shareholder cases) is properly represented, and there is no evidence that any party will be driven from the judgment seat though lack of funds, enormous though the expenses of this litigation must be. 5. The argument that because "Beddoe type" orders have been made in relation to the trustee a pre-emptive order should also be made in favour of the plaintiffs is misconceived. If anything, the argument goes the other way. It ma learned Chief Justice acknowledged that the discretion could make such an Order but held that his lers circumstances of this case, he would not grant the Order at the previous Beddoe Orders did not cover the s or election. The previous directions given and (or) de were of a defensive nature. Order of the Chief Justice was made on the finding that the bringing of the Election Summe Trustees was within the scope of the Beddoe Order. It is the 22nd January, 1992. sun Ord 5 ```
```html 19 for having examined the Order， I cannot find any scot of the bringing of any Summons. In my view， the briefer Election Summons cannot be said to be witness， scope of the Beddoe Order made on the 22nd Jan to the n 92. The Trustee ought to have made an applica- tion Court requesting directions as to the bringing of & Chai： I， therefore， find that the Ice was in error in making the Order. nd clai IS 9 APP e Pa ere the defendants in Cause 425 of 1991 filed a T cou on January 31， 1991. As plaintiffs to the coum， they named Christos Pandelis Lemos and Gecelis Lemos as defendants. the counterclaim sought： (1) An order requiring Christos and George to elect between pursuing (i) their claims put forward in these proceedings on the basis that they are beneficiaries of the Trofos Foundation； and (iii) their claims put forward in proceedings commenced by them (in their capacities as heirs of their late father's estate) in the Court of First Instance in Athens that the Trofos Founda- tion is void and illusory such election to be made within 28 days by written notice to the Court and the Trustees (or with such other period and by such other means as the Court shall direct). pe (2) An order that in accordance with such election either the claim in these pro- ceedings be struck out or Christos and George be restrained until trial of this action or further order from continuing or taking any step in the said proceedings in Athens or from commencing， continuing or taking any step in any other proceedings relating wholly or partly to the Trofos Foundation and brought or to be brought in any Court in Greece. ```
```markdown - 17 - (3) A declaration that the Trustees can lawfully and properly (if they in their discretion think fit) exercise their powers under the Troflos Foundation to exclude Christos and/or George from any beneficial interest thereunder. On the same date a Summons was taken out. The summons was in the following terms: "Let all Parties concerned attend before the Judge in Chambers at the Law Courts, George Town, Grand Cayman at 9.30 a.m. on the 3rd day of February, 1992 or so soon as there-after as Counsel can be heard, upon an application by the plaintiffs to the counterclaim for an Order pursuant to GCR Rule 13(3) for leave to serve George Pandelis Lemos out of the jurisdiction." On the 7th February, 1992, Harre, J. (as he then was) made the following Order: "UPON hearing Leading Counsel for the first six Defendants and Leading Counsel for the 7th to 9th Defendants upon the 1st to 6th Defendants' Summons dated the 31st January, 1992 AND UPON reading the court record a Court Order reading as follows: IT IS ORDERED THAT: 1. The 1st to 6th Defendants do have leave to serve notice of their Counterclaim and all subsequent process out of the jurisdiction upon George Pandelis Lemos. 2. The said George Lemos' time for entering an appearance be extended to 28 days." Pursuant to this Order, George Lemos was served with Counterclaim. He thereafter obtained leave to conditional appearance and to apply to set aside the Order made on the 7th February, 1992. On 24th April, 1992, George Lemos applied by summons to set aside the Order made on the 7th February, 1992 also to set aside the Counterclaim. ```
```html On the 25th June， 1992， the learned Judge upheld the Order of the 25th June， 1992 and dismissed the summons. ase the appeal， it was submitted that this was not a Th proper for service out of the jurisdiction， nor was it er a prior for service out of the jurisdiction to grant for leave service out of the jurisdiction. the learned trial Judge held that the appellant was ecessary a nes and proper party as a defendant to the Counter- claim ion d to appellant has had the benefit of Injunctions In the Plaintiffs and was the only beneficiary not at before and p ourt. Paragraph 3 of the Counterclaim seeks a decl which， if granted， could affect the appellant. It een later that a summons requesting the appellant the to or the Oween proceedings in Greece and Cayman was dis- miss aragraphs 1 and 2 of the Counterclaim struck out. or 2/93 the my view the learned Judge was not in error in the By order for service out of the jurisdiction. Having not for th lut paragraph 3 of the Counterclaim， he was not in ection he dismissed the appellant's summons to set his Grandier made on 7th February， 1992. ation APP the Plaintiff/Appellants sought by summons an Ord Trustees to account (the Accounting Summons). Order dated 26th April， 1993 the learned Judge of Court dismissed the Accounting Summons. The app for an account was made under Rule 21 of the Gran (Civil Procedure) Rules which states as follows： op ce ar te ril le rr le ng le ed the gr lic ```
```html In any action in which the writ of summons has been indorsed for an account and the defendant does not appear, or appears and does not thereafter satisfy the Court that there is some preliminary question to be tried, the Court may make an Order for the proper accounts with all necessary directions and inquiries. Appellants contend that as beneficiaries, they are not to have accounts taken by the Court. Mr. Walker for the Trustees informed the Court that there was an existence of the Trust in all its underlying companies for the period from the 1st of the Trust down to 30th April, 1992. A conditional offer was made to disclose the audited assets of the beneficiaries. It was not to be used as an element on the validity of the Trust but could be used in a claim of trust action in the Cayman Court. My view is that this could meet the requirements of the Order for an account. I would therefore order that the financial statements of the Trust and its underlying interests be disclosed to the plaintiff Christos Pandos and his Attorneys-at-Law. However, this should be conditional on an undertaking given not to use the accounts outside of the Cayman Islands and specifically not to be used in the Greek jurisdiction. ```
```html /9 APP NO3 I 11 submissions were made in respect of this appeal. I must therefore assume that it was not being pursued in any event, I can see no merit in this appeal and therefore dismissed. Judge For APPSI It of r le is appeal relates to a ruling of the Grand Cou l l er l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l
```html ENTRY， J. th G On January 5， 1984 Captain Pandelis Lemos， a wealthy Greek ship owner， established in the Cayman Islands a trust called "the Trofotack beion" (the trust)， the proper law of which was expressed on December 19， 1984， in favor of the Cayman Islands. Captain Lemos died on December 19， 1991 domiciled in Greece， and on October 15， 1991 his eldest son Christos filed an action in the Cayman Islands which， with the knowledge of the validity of the trust， alleges misconduct of the trustees and seeks an account by them， as well as their pre-appointment and replacement. In that action， Christos' two infant children are joint-plaintiffs， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at a partial liquidation of the trust， and the claims made by the plaintiffs are aimed at 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```html lei 22- mar Januaries of Captain Lemos." anted ty 22， 1992 the then Chief Justice in a written judgment F one Tanhe trustees' applications. That judgment is the subje Gree as ar apply oent orders on March 26， 1992 authorising the trustees edings； in the Greek proceedings for notice of suit to be given re o defendme the from the January the costs of the trustees' associates in the Greek proland； the and on April 26， 1993 for a pre-emptive order For costs r an is also a Respondents' notice to the appeal against t as ci ent of January 22， 1992. Isy 31， 1992 the trustees filed their defence to the Caymao his action， together with a counterclaim seeking an order rve Gelection by Christos and George between their Cayman Is a on Jay of the trustees' powers under the trust to remove behe of les. On February 7， 1992 the trustees obtained leave to he C defendant s counterclaim. An application by him to set aside thairing was refused on June 25， 1992. That refusal is the subje te of the appeals by him now before us， as are orders mae ofuary 21， 1993 permitting the trustees to retain attorneysth refusing the ce rees also filed summonges in the action seeking orders re Christos and George to elect between the claims advanced on the basis that they are beneficiagr the trust， and the claims advanced in Greece on the basis that they are trust is void and illusory. On prehensive judgment dated April 26， 1993， the Chief JusOn to granted the application in the disclosure for elect he summons we ne ； ti 'ri ； ti 'gu ```
```html 101 Doc safeguarding any balance sheets， income and at judgement accounts， ledgers or day judgment accounts are prepared." 1 is the subject of an appeal by Christos as the dismissal of the judicial accounting summons， the appeal by the trustees as regards the disclosure election summons. It summons as. have all been consolidated and were heard together. rve on iol have convenient to deal first with the Appellant， George Leset； was submitted on his behalf that he was not a necessary party to the proceedings in Cayman， so that Leave to was sul him notice of the counterclaim by the trustees ought not to have been granted， or at any rate such service ought to have been coun haside when part of the counterclaim (seeking an order for to was struck out. In answer to the trustees' appeal， i omitted on his behalf that he had no claim in Cayman， s t was inappropriate to require him to elect between su aim and the claim which he is seeking to enforce in Greece Tr terclaim by the trustees sought： 1 " order requiring Christos and George el elect between pursuing pr their claims put forward in these an proceedings on the basis that they are sh beneficiaries of the Trof os Foundation； th coi their claims put forward in proceedings in in their capacities as co heirs of their late father's estate in st the Court of First Instance in Athens that the Trof os Foundation is void and illusory ch election to be made within 28 days written notice to the Court and the trustees (or within such other period and by such other means as the Court all direct). Th re order that in accordance with such election either the claim in these proceedings be struck out or Christos and George be restrained until trial of his action or further order from continuing or taking any step in the proceedings in Athens or from commencing， continuing or taking any proceedings relating to the Trof os (1 Foundation and brought or to be brought any Court in Greece. (2 ```
```html (3) declaration that the Trustees can excl retion think fit) exercise their benef ars under the Trofios Foundation to laud Christos and/or George from any Fuficial interest thereunder. (4) he hea her or other relief." to At the ring before the judge, it was stated that the real objecter recounterclaim was to compel Christos and George elect be the App Cayman Islands and the Greek proceedings. Counsel for act, the ellant George submitted that this was not a cause of acathe to sd that, accordingly, no leave ought to have en grant thereve the counterclaim; and that, in any event, co ving disorgo we e trustees' summons seeking an order for orge to een sei le judge ought to have struck out the entire unterclai in,r than only paragraphs (1) and (2) of it. G1 laratic, it was submitted, even if paragraph (3) f remained, ur is not a necessary party to it, and notice ould have ou ed on him pursuant to Order 15 Rule 13A of The United rec(Civ Rules of the Supreme Court if it was desired re lat the d jury con sought be binding on him. This rule, it was cc submitted, aw in the Cayman Islands by virtue of Sections th 3(1) and (b) the Grand Court Law, and Rule 62(2) of the thrand Court Procedure) Rules which respectively provide as vep follows: (a) 1. "1ra ord and, in addition to any that isdition heretofore exercised by the rt or conferred by this or any other for the time being in force in the ands, shall possess and exercise, ject to the provisions of this and other laws of the Islands, the like (2) isdition within the Islands which is ted in or capable of being exercised England by Her Majesty's High Court of Justice; and the Divisional Courts of that Court, as constituted by the Supreme Court of Judicature (Consolidation) Act, 1925, and any Act of Parliament of the United Kingdom amending or replacing that Act." ) K which no provision is made by this any other Law or by any Rules, the 3( ec tice and procedure in similar tim mis a ur any matter of practices or procedure 20 Ge ters in the High Court in England ```
```html st ci di all apply so far as local th ar circumstances permit and subject to any pr ar rection which the Court may give in pr ar object to subrule (1)， the practice and ar ar procedure to be followed in any proceeding in the Grand Court shall be 2 (that provided for in the Judicature Law， th th Provided that where， in relation to Kj the whole or any part of any proceeding， pa pa and procedure followed shall， subject to any directions of the Judge， in that ct to articl ct to articl ar procedure in a like proceeding in and and ct procedure in a like proceeding in the High Court of Justice in the United ment； for s， afootnote to Order 15 Rule 13A indicates， the rule gives efThe Act Section 47 of the United Kingdom Administration of Justi dg1985， which is designed to empower the High Court to make nce the to make nce the actions binding on persons who are not part tory au not part tory au authorises the making of rules of court for that purpose in purpose in the s does not vest jurisdiction in the High Court， but prov and s and s ver the exercise of specified powers in relation to jurisdiction jurisdiction jurisdiction es] Cayman I if the there is no statutory authority for the exercise that sta that sta that sta of the powers conferred by it on the High author； author； author； Court. nd Act does not vest jurisdiction， its provisions are not nsofar are not nsofar are not nsofar hey Section 13(1) of the Grand Court Law. cess time， since the Act does not extend to the es] the trust tyserve notice on George Lemos pursuant to Order 15 Rule 13A"6. United Kingdom Rules of the Supreme Court. as paragraph (3) of the counterclaim is concerne concerne pectfully agree with the trial judge that this is independe independe A he claim for an election. Rule 26 of the Grand Court Ruju id prises the Court， even "without the application of any psl ti of any psl ti ...the names of any parties added who ought to ra tu ought to ra tu en joined...as defendants". The declaration en， Ac en， Ac le te d， y d， y ar， o ```
```html 26 as ap t ought in th tree th(3) of the counterclaim is one which may dversely tragre the Appellant's rights under the trust. He is, herefore he j agre wi of udge's decision refusing the application to set a c side not regard te counterclaim on him. As brou s the question of election， I accept the ds counsel that the Appellant has no claim in the ayman Is-he from where is material in the affidavits before the trial juden rg e filhich it can be inferred that Christos' action e in Cayman to idgth with the knowledge and assistance of George， but an that consider that this is sufficient to establish Greed action was brought on his behalf. It may be hat if Gto me t akes a defence to the trustees' counterclaim in which he erciscir enforce his rights as a beneficiary of the rust， be tees ir be required to elect between that claim and his claims I se， but at this stage of the proceedings it does not appear en such a question of election by him arises. n by the try g rgio the Cayman action on January 2， 1992 "not to consider en not rging any of their discretionary powers without prior wrig dete ice to all the adult beneficiaries of the purported di us settlement known as the Trof os Foundation and not to exercihi uch discretionary power for any reason in a n manner ads is co the Plaintiffs or to the First Plaintiff's brother Grn n ou bandelis Lemos or his children without a further l rior wri at tice to all the said adult beneficiaries， the Christ Court have uu ed rmined that unless all such beneficiaries shall have prev tiven their written consent to such exercise the period of ti tice shall be three months". There is， however， no clear pa on that the undertaking was given as a result of an applica af de by him or on his behalf. I do not therefore consider eo lar s affects his position insofar as the question of election je ncer ned. ex cow to consider the question of election in se It not in dispute that a party cannot approbate T r robate or， as it is sometimes put， "blow hot and on io at tt I s th in ato ```
```html old". Mns buty has submitted that Christos is not blowing ot and c uld orcis merely advancing claims in the alternative which he could binarily be permitted to do in civil proceeding the he alte to me that where a party advances inconsistent claims inver， ir oings in the same court， those proceedings are in different of the contrct nsure t court which can at the appropriate time take action to elect that inconsistent rights are not granted. Where， howe pro which is under the control of the other， prima er inconsistent claims are advanced in different facie the table sec that which of the two rights he will require acquire seek to already hey judicial proceedings. ee or a s circumstances， the court will in the exercise of its eqts jurisdiction intervene in one of three ways. The first， is the party to elect which right he will seek to enforce. t di enford imposes an election on him by way of right of proceedings. The third declares that the party has issued the right only to enforce and is therefore estopped from seeking tim ishingird remedies are coercive in nature， they are the second being appropriate Island appropriate stages， the second being appropriate while both he cia are being actively pursued， but neither has been esta stenby judicial process， while the third is propri when at least one of the rights has been establish isdicial process and the party must be prevented or enjoying the other. from estawol r. resent case， it is necessary first to determine gs whether the clrs advanced by Christos in Greece and in Cayman are incon ol with each other. It is true that he has not in the Cayman es action admitted the validity of the trust. se has sought to obtain in that action benefits in the guise of the trust， and this in itself uineficiary implies s o rdmission. It seems to me， therefore， to be In h an led he bl les bl isite o ```
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```html W ights at or bar when neither has been established. morel v. W. Wa sun and (1904) A.C. 11，Douglas-Menzies v. Umphelby ( supra)，Krdin see uchope 2 Ves. Jr. 366a，and Pitman v. Crum Ewing ( supra)。The a. v. to me，however，that these cases are concerned not o much wise “The appropriate time at which an election must be made as with the car which flow from the making of an election. n Scarf v. Way Blacke (1882) 7 A.C. 345，on which Mr. Mowbray also relied，Lche do burn at p. 360 stated： ，no result of what is there said is that the r there is a right to elect the idgme ty is not bound to elect at once；he ，rat raise his election，so long as he can it a so without injuring other persons." 1 However，His Lordship appears to have been realing weddings to elect and the circumstances in which it may be lost by court than，as here，the obligation to elect and the time lev “I arises. Indeed，a later passage in Lord Lackburn in mant at p. 362 makes it plain not only that the party may col spone his election until his right has been stablish the art proceedings，but that the institution of those pro an may constitute an election. That passage is as follows：may w follows：may w claim not sure that taking a cheque from claim not sure that taking a cheque from juders & Beech as payment was enough to juders & Beech as payment was enough to e estore acting on the authority given by e estore acting on the authority given by Scarf， Scarf， not in Rogers to pay the debts for him Scarf， Rogers might pay money by the s may firm's cheque or otherwise as he s may firm's cheque or otherwise as he vie ceased. But then the plaintiff goes on search-he sue s Beech. I am unable to search-he sue s Beech. I am unable to receive a more unequivocal act；he has receive a more unequivocal act；he has inrely adopted Beech as his debtor at inrely adopted Beech as his debtor at int time. I do not think its going to int time. I do not think its going to agment or not going to judgment is agment or not going to judgment is terial." terial." Ke ll be that by bringing his action in Cayman， Christos It fested an intention to take under the trust and ， is theref thped from claiming in the Greek proceedings. But he hait ；or his pleadings admitted the validity of the trust，an ce stw of the ambivalent nature of those pleadings， wh in my opinion，entitled to require him to or It s ha d ```
```html ec w lect. Ivme Caynts to pursue the proceedings in Greece， his laims in to be olan Islands and the appeals arising therefrom ill ceasess of ca f relevance. In the event， however， that he e lects to "As i the claims in the Cayman Islands， I proceed now t o deal w dealin irs appeals. Justice ing with the application for a Beddoe order， the act expressed the following views： hen Chiere she have regards the reality of the Cayman plaintion I am satisfied that the trustees Mr. Plaintiff's objective is to obtain formation that may be of advantage to them in achieving their objective which is not shared by all the beneficiaries and which if pursued here is unlikely to ucceed. Accordingly I share to the trustees The plaintiffs are not benefici aries who come to court to say we are unhappy about the adminis tration of our trust. Nor are they beneficiaries asking the court to redress their grievances and appoint new trustees. This is only how they appear to be. To take advantage of their position as trust beneficiaries. If they achieve their nounced objective there will be no trust just... To my mind those are circumstances which go to show that this is not a case of the trustees acting without bona fides. Their purpose in the trust disclosing the accounts is to avoid reperilling the foundation and causing me trouble in the family. In seeking the directions in the Cayman action the trustees are not doing so as trustees avoiddetecting themselves in hostile id their duty of protecting the trust." of thray has submitted that even if the Greek action succeeds it will continue to exist， and to this extent at least the at of the Chief Justice's decision is incorrect. It seems 1 at even if the trust continued to exist， the corpus of pl st would be in danger of being considerably reduced， it is a contingency against which it would be the trustees In guard. In circumstances in which Christos has studious f d acknowledging the validity of the trust， there is justifi for the Chief Justice's view as to the true objective， Cayman action and for his decision as to the ly ： F ar Mr fic to ```
```markdown # Making of the Doe Order The same reason there would, I think, be justification for refusing the summons for judicial accounting and granting the application for disclosure summonses to the limited extent to which it was intended. Different considerations will apply if and when Christy elects to abandon the Greek proceedings and acknowledges the validity of the trust. Conditions would, however, have to be imposed on George that material and information disclosed are not made available to the trustees in his Greek proceedings. Yours sincerely, [Signature] ```
```markdown # Kerr, this This is a family dispute, Greeks meet Greeks in sternly contested navigation in Grand Cayman and in Athens, Greece, over trusteeship, terms, disposition of funds, and the administration of the Trust of a Foundation called the "Troft of Liqation" ("the Foundation"). This munificent Trust, which had assets of approximately $300 million, was set up in the Cayman Islands by Greek Shipping Magnate, Captain Pandelis Christos Lemos ("the Captain"). The Deed, dated 5th January, 1984, it was expressly stated that the Foundation should be governed by the laws of the Greek Islands. Pandelis Lemos died in December, 1989, domiciled in Greece; immediate surviving family consists of the sons, the elder, and George ("the brothers") and his wife, Ipsia Lemos and his daughters, Mrs. Mariola Patitsas and Mrs. Anastasia Samonas ("the ladies"). The main Cause No. 425/91, was instituted by writ of summons and issued in the Cayman Registry on 16th October, 1991. Christos Lemos is the principal plaintiff and the other two are beneficiaries under the Trust. The status of the first six defendants who are alleged to have breached trust, dishonesty, conflicts of interest, and in keeping with certain endorsements, an Ex Parte Order in the nature of an injunction was granted. It prohibited the Trustees from making any such policy and was primarily aimed at maintaining the status quo in relation to the dispositions the Trustees had made in relation to the beneficiaries including those to the brothers. Subsequently, the interim order was duly succeeded by an Ex Parte Locutory injunction similar in general terms and tenor. ```
```html titute No. 487/91 is ancillary to the main cause and was in Cause 1 by the Trustees by originating summons on the 28th to t 1... 1991， seeking Beddoe Orders and other directions relat The he main cause. ion， Cg ntinuance of the benefits， having been secured by injuns re thrstos promptly instituted proceedings in Greece against n cnarustees and a host of subsidiary companies， in the m， filedeng the validity of the trusts and the dispt as， thereunder on the basis of Greek statutory lomicating to the movable property of an intestate dying) t ed in Greece. A similar action was contempor neous the b Tr defendants and have been consistently supportive of tl t ustees countered by filing a counterclaim agaiary (2) to ask for an Order that they be called he T teri pon to elect between the Cayman g with T tions and the Greek Action； and seto obtain a declaration that it would be right The C releand proper to cut them off as beneficiaries in st renemcust Deed contains a number of unusual terms and disc tion powers that seem to invite litigation and before deal the appeals it is convenient to refer to certain of t the ats， the accompanying "memoranda of wishes" and certs ant background facts and circumstances presented by eno de. in original trustees of "the Trofos Foundation" (the Found si were RoyWest Trust Corporation (Cayman) Limited since J Cctd Coutts & Co. (Cayman) Ltd.， RoyWest Trustee Corp osi of Europe Aktiengesellschaft， since renamed Coutts & Co. s) A.G. and Rydal Trustees Inc. Now called Rydal Inc. he first three defendants in 425/91， and Captain Lemos's he re ai da it). ```
```markdown wife As[Je Sheos, now (at her own wish) the Seventh Defendant in 425/...A.C. ceased to be a trustee in 1984 and Coutts & Co. (Trustees Col and Rydal Inc. retired in 1990 and the present Trustee Co. Itts & Co. (Cayman) Limited (Coutts Cayman), Coutts (Jersey) Limited ("Coutts Jersey") Seaton Trustees Inc. ("der the as is controlled by the Captain's son-in-law, Mr. Sam anding Parthenon Trustees S.A. ("Parthenon"). Seaton a long he friend, Mr. Katsadouris. the men "Te Trust Deed - dis per trustees are empowered to remove and and to beneficiaries; hen trustees have a wide power of appoint- Dee t among the beneficiaries and to declare t cretionary trusts of income among them the power to pay or apply capital to or for acc advancement or benefit of any of them, in default and subject to the aforesaid declare a trust of capital for the beneficiaries living on the day before the petuify date; trustees are required to keep accurate ounts of their trusteeship but the Trust d contains as clause 10(ii) the following- mac "It is hereby expressly provided EVVI that notwithstanding any rule of cor law or equity to the contrary no to beneficiary shall be entitled to the production or inspection of and such accounts : Tru dar (a) except with the consent of the in settlor during his lifetime and o (b) after the death of the settlor if the trustees shall (in their absolute discretion) think fit"; 91 The trustees are authorised to act as bankers in the trust on the same terms as would be pa: paid with a customer. Tr ERY discretion or power hereby or by law un & offered on the Trustee shall be an absolute on uncontrolled discretion or power and no Seestee shall be held liable for any loss or st hage accruing as a result of the Trustee occurring or refusing or failing to concur an exercise of such discretion or power ```
The Beneficiaries shall mean and include all and any of the persons or classes or persons following namely:- (a) The Settlor Captain Pandelis Christos Lemos (b) Any wife or widow of the Settlor (c) The children and remoter issue of the Settlor now in existence or born hereafter before the perpetuity date whether by any existing or future marriage (d) The spouses widows and widowers of the Beneficiaries mentioned in (c) above (e) Any persons or class of persons appointed by virtue of the Trustee's powers contained in Clause 2(ii) of this Deed. The Trust Deed expressly conferred on the Captain the power of vesting, removing and replacing the Trustees. It also vests him the power by written request to vest or revest the interest in himself and a power by deed to revoke or vary any trusts or powers. 1. The memoranda of wishes, that of the 4th January, 1983, sets the unhappy relationship between the Captain and 2. As Settlor and Founder, I appreciate that this Memorandum has no legal and binding effect and it should not be taken as an attempt to fetter in any way the Trustees in the exercise of their discretionary powers, but I am sure you would be interested to have on record my views as to the objectives and future operations of the Foundation. It follows that during my lifetime I would like to be treated as principal Beneficiary and Chief Investment Advisor, and no investments or distributions should be made from the Trust Funds without my consent. It is my wish that while I am alive the Trustees and the Foundation should play a passive and dormant role and generally be guided by me in the exercise of their powers and distributions.
```markdown # If any member of my family, being a Beneficiary, ever attempts to 4 (i) attack the Foundation in any way or challenge any of its provisions (ii) challenge its validity in any Court of Law anywhere in the world (iii) institute or threaten to institute any legal action against the Foundation or the Trustees (iv) dispute any exercise of the discretionary powers of the Trustees (v) engage in any activity to deslose (sic) or terminate the Foundation (vi) anticipate, alienate or assign their interest in the Foundation then the Trustees are requested to remove any such Beneficiary, after due warning, from the discretionary class. Any litigation or legal action ever taken against the Foundation or the Trustees I would like defended vigorously in the Courts by the Trustees without regard to cost. In the event that either or both of my sons seek to attack the Trust, I wish their children to be immediately removed from the list of beneficiaries. However, this would have lasting effect only if litigation ensued. In the event that they subsequently ceased to challenge the arrangements, and no litigation was started, the Trustees shall at their discretion reinstate the children so removed. After my death and when possible, I would like in due course at least two persons to be elected as trustees from my direct blood line, regardless of change of surname by marriage. These persons should only be elected after severe and careful scrutiny and examination of their general ability, honour, integrity, reputation and trustworthiness... The relationship between himself and his sons wrote: "I do not wish either of my two sons to occupy any post on this Trust or any other active role, because their behaviour, attitude and manner has proven that they are untrustworthy and incapable of managing my wealth with honour and faith according to our traditions." ```
```html business was highly educated in the technical as well as the Acass aspect of the shipping business by service in the Non bldhim he had been complimented by the Captain for his of important business transactions. He was not siexistance of the Trust during his father's lifetime. The tdip between Captain Lemos and his sons was fomented by a Mr. acediate and other business associates of his father for personsons. In his affidavit there is a note of dis- appoialat deustend dissatisfaction that the family business should be enarr：Co to comparative strangers rather than members of the i Th family. Opening to riefendants do not accept his assertion that there was a reduction between father and sons prior to the Captain's deaths 1 responcence and conferences between Christos and the Trust 1 or mepresentatives (legal and otherwise)，on both sides， faile the rderive at a peaceful solution. Hence the resort to Litig datec peal cause ，On Beddoc number of interlocutory orders and it is from those to def，Apphat both sides have appealed，seeking review and reveree Order， ne Appeal basis of presentation， the appeals were conveniently consider din Gand argued thus： at th87/91 - Appeals by Christos to the t Orders and Directions) Or No. 2/92 ne av dated 22nd January， 1992， granting trustees di and Cayman proceedings and for legal advice mm nt ank proceedings. tr o No. 5/92 on dated 26th March， 1992， authorising trustees te at expense of Trust Fund to make applications o First Instance Court of Athens in the action ```
```html Appeal Order No. 10 of 1992 defendant Al the Greek proceedings. Appeal Order No. 2 of 1993 ( Associated dated 4th February, 1993 - the costs of Trustees' Appeal Order No. 13/93 Appeal Order - dismissing Christos' application for Appeal Order No. 12/93 Appeal Order dated 26th April, 1993 - indemnifying Appeal Order No. 9/93 Appeal Order dated 26th April, 1993. Appeal Order No. 10/93 against Order dated 25/6/92 - Appeal Order No. 11/93 against Order dated 21/1/93 - authorising ```
Appeal No. 15/93 i) APPL by Trustees - (ii) against Order for Disclosure; and (iii) against refusing application seeking an Order against Christos and George to elect a trustee between the Cayman proceedings and Greek proceedings. Since it is open to the Court of Appeal in interlocutory proceedings to take an up-to-date view of the proceedings, I propose to consider the appeals not in chronological order or even in the order of presentation, but will first deal with the position of the scheme of the litigation and then to the election question, as the determination of these questions will have some relevance to the other appeals. The basis for the counterclaim against the brothers is the basis for the election for service abroad on George. Its operative part is: 1. Appeals against the Order for Service Abroad and Order Dismissing His Summons to Discharge and Repeal the Counterclaim and All Subsequent Proceedings. An Order requiring Christos and George to elect between pursuing their claim put forward in these proceedings on the basis that they are beneficiaries under the Trofoss Foundation; and 2. Such election to be made within 28 days by written notice to the Court and the Trustees (or within such other period and by such other means as the Court shall direct).
```html An order that in accordance with such election (2) out or Christos and George be restrained until (3) trial of this action or further order from continuing or taking any steps in the said proceedings in Athens or from commencing, condemning or taking any step in any other proceeding relating wholly or partly to the Trof os Foundation and brought or to be brought in any Court in Greece. Although there was no specific affidavit to ground the appeal for service abroad, the learned Judge on the basis of the special before him in affidavits filed by and on behalf of George, granted an order for service abroad dated 7th February, 1992. Upon service being effected, conditional appeal was entered and a summons was duly filed on behalf of George. Seeking an order to discharge this Order and the dismissing the proceedings, was to put him to his own election for the C.J., after closely contested inter-parties hearing, The g's order for service abroad and dismissed George's sumpullection On arguments put forward by Counsel for the Trustees in Judging George's summons was included in the package in support of and action summons against Christos and George, with Court the Trustees admitting that the real purpose for adding George as a party to the proceedings, was to put him to his own election. learned Judge refused the call for an election, stricken Clauses 1 and 2 of the counterclaim. On appeal, Mr. Alberga submitted that in effect, the learned Judge erred in ordering service abroad in the circum- stance of further error in refusing to set aside the Ex parte order for service abroad. He adverted to correspondence in the matter. ```
```html 41 bet we con attorneys for George and the Attorneys for the Trus n therning George's disinterest in the Cayman proceedi He submitted that Order II， Rule I， did not pern ice out of the jurisdiction when the only reason for to el a party was entirely for the purpose of calling on jner， r ocet between proceedings which he had in Greece and on and on out jur midction is an exceptional measure and， accordingly， the 55. st act with circumspection before obliging a form v. here V itkovice Horni v. Korner [1951] A.C. 869. jurar fc R. ( In uridic instances as a matter of law， it was clear that Geo rrl not be put to an election Australian Commercial rdl not A.N.Z. McCaughan Merchant Bank Ltd. [1989] 3 An ounter the In hition was bound to fail and did in fact fail， then the ward gro r service abroad should be set aside and consequently the claim against George should be struck out in its the real aim of the applicant having failed， he or be retained as party to the Cayman proceedings on oth is ruling， the learned Judge summarised the bases in support of the counterclaim thus： put theory"The counterclaim includes an allegation that Christos instituted and is conducting the action as a nominee of George， and that the Trustees are entitled to require Christos and George to effect between their claims in the Cayman Islands that they are beneficiaries of the Foundation established by their late father and their claim in Greece on the basis that the Foundation is void and illusory." see and the affidavit in response rg of is him he has no connection with and has never been to the Cayman Islands and has never asked Christos to embark on proceedings or make any claim in Cayman on his behalf. He analyses the proceedings which has has brought in fer j Greece and the differences between them and ```
The document appears to be a legal document or court transcript. Below is a faithful transcription of the text, formatted with Markdown for headings and paragraph structure, HTML for tables, and LaTeX for math, as requested: ```markdown # Legal Transcript The proceedings brought there by Christos. He emphasizes that he has never asked the Court to obtain injunctions or act on his behalf in the Cayman proceedings, and he has no proceedings whatever (other than the summons to set aside the order giving him leave to serve notice on the counterclaimants). He expresses surprise that the proceedings "should now be attempting to force Greece to elect between an action which I do not have in Greece". He rejects with some vehemence observations and allegations made on an affidavit of Mr. Peter Stradling on behalf of the trustee defendants. We have George refusing to consent to the lifting of the injunctions to which I have just referred, saying that it is inappropriate for him either to consent or refuse, since he had no hand in obtaining them and cannot enforce them. Counsel, he rested his decision for retaining George as a defendant on the grounds that: 1. There was a host of affidavits setting out the actual basis on which the application was made and they had been considered by the Court through days of hearing. It was against the background of those very affidavits that I had to consider the affidavit of George, and draw reasonable inferences from the evidence on both sides. It is certainly right that the court should be circumspect before obliging a person outside the jurisdiction to submit to that jurisdiction, with all the attendant inconvenience and expense which this involves. Mr. Jones, Attorney for the Trustees, as the Judge's note was aware that before the question of election could George would have to be first held a party to the proceedings; nor do I interpret Mr. Alberga to be challenging that proposition but urging that in the circumstances the foreseeable failure of the election ``` This transcription is based on the visible text in the image provided. If there are any specific sections or parts of the document that need further clarification or translation, please let me know!
```html 43 d plea to proceed be determinant of George being a party to the Caymille shoulddings. view Mr. Alberga's approach is understandable, I am of the strict was still open to the Judge, independently of the to the question, to hold that George is a necessary part of the proceedings in Cayman and, in particular, as defence Clause 3 of the counterclaim on the basis that his plea will be necessary to enable the Court "effectively and easily to settle all questions involved in the matter" - Rule 50(6) of the Cayman Grand Court Rules. that George's interest in the Cayman proceedings as identified by the Judge, the benefits he continues to receive as a re Mr. Alberga the interlocutory proceedings, that he is the only statute under the Greek law who was a party to the Cayman proceedings, and the manifest intent of Clause 3 of the counterclaim to eventually cut him out of the trusts, are fact. 50(6) cumulatively would render it just and convenient to put or Whigge as a party to the proceedings. the trust D'Alberga made two additional points. First, that a defendant cannot mount a counterclaim except where an action can instituted by original process and George was not a party to the original action - Birmingham Estates Co. v. Smith [1980] 13 C1. g him in not challenging this general proposition, Mr. Jones for addressees, submitted that had the third clause been struck in this basis, he would then have immediately reinstate the same cause by original proceedings. Accordingly, it was not only inconclusive and at best a pyrrhic victory to strike Clause 3 on this technical ground, which was not raised in the Court below, but there would be resultant expense, inconvenience and delay, without any manifest unfairness in retaining George as a defendant in the light of the findings that he is an accessory party and it is just and convenient that he be struck out. in st ```
```markdown ## Page 44 The broader point is that it was not necessary to effect service in the Cayman Court. This could be effected by despatch of a "Notice of Action to non-parties" under Order 5, Rule 13A, of the English Rules, which would be applicable to the Cayman Islands in the absence of similar provisions of section 20(2) of the Grand Cayman Law and Rule 62(2) of the Grand Cayman Civil Procedure Rules. For the purposes of argument that the Rule was applicable, the applicant with "election" in view, would not be expected to adopt. These reasons I would dismiss this appeal by George and a decision to retain him as a party to the Cayman Islands proceedings as defendant to Clause 3 of the counterclaim. ### Trustees Appeal Against Dismissal of the Election Summons The Greek proceedings was concisely described in the plaintiff's amended statement of claim thus: Plaintiff and his brother Georgios Lemos seek judgments against the defendants for minor percentages of the Lemos interests or their value, on the footing that the Foundation was a fictitious gift within Article 138 of the Greek Civil Code or a contract for the succession to a living person within Article 268 of that Code, or that it deprived that first plaintiff or his brother of indefeasible rights of theirs under the laws of Greece as two of the heirs of Captain Lemos. The election summons dated 24th January and 21st February, 1992, call on Christos and George to elect between the fit forward by Christos for himself and on behalf of ```
```html 45- in the Georgiante Cayman proceedings on the basis that they are by e aries of the Foundation and the claims put for Aeach of them in Greece. and a rd considering the arguments presented on both sid number of authorities cited, Harre，C.J. con ns： rom Attaching particular weight to the Y I may factors on each side which I have just gone through I concluded that manif the election summons in relation to by a Christos should fail." elect the arguments presented and the cases cited should be call an "election situation" may be patent， alter est from the dispositions in the instrument as in De angel's Crum-Ewing [1911] A.C. 217. In such a case it On t open to an executor or trustee even without any act ari or n elector to seek directions and an order calling fo stan tion by the party to whom the choice is open - as in s，f Wills Trusts [1962] 2 ALL ER 490. In these cases， thurt fa tives are often determined by the instrument in yed). Wilbe the other hand， the "election situation" may be la sing only on some conduct by the potential elector. The case it is argued， as in the majority of reported ca ls under this category. The guiding principle for a ced with application for an Order calling on a pa lect was stated with concise clarity by Irgr r force in Johnson v. Agnew [1980] A.C. 398， thus： bo In my Opinion， the argument based on irrevocable election， strongly pressed by the appellant's counsel cl in the present appeal， is unsound. at Election， though the subject of much learning and refinement， is in the es end a doctrine based on simple ci， Pi equity." teil we rt se rd co ```
```html in All That are agreed that that is the right approach. The case presented around the learned Judge's application of Mr. Leb ciple to the circumstances of the instant case. th Walker, on behalf of the trustees, submitted reg the principle is that the court will not pe inconsistent to obtain an unfair advantage by adopting per an papers tent position of "blowing hot and cold". In the "rant, reference was made to the statement of the re inciple by Brown-Wilkinson, V.C., in Express Ne v. News Ltd. [1990] 3 ALL ER at p. 383-4:- "What is sauce for the goose is sauce for the gander" has a rather narrow legal manifestation. There is a principle of law of general applica tion that it is not possible to pprobate and reprobate. That means you are not allowed to blow hot and cold in the attitude that you adopt. Because a man cannot adopt two inconsistent attitudes towards another; he must elect between them and, having elected to adopt one stance cannot thereafter be permitted to go back and adopt an inconsistent attitude." and quit. out reply, Mr. Mowbray for Christos, reiterated his ac Grand of the principle but contended it does not apply he case the claims are not inconsistent but complementary. Fu that a plaintiff may even have inconsistent al allegations in his pleadings and even inconsistent cl clong as in the end he does not enjoy inconsistent relief. He to support this by the analogy that in an action in the Court a claim to set aside a trust entirely ab initio co ce properly be combined with an alternative claim as ws at the at cm ler ir ce re ul rt s te le ai ```
```html 47 a bene he tru to have the trust administered by the court, removeto rt ciartees and make them account. 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```html 1，ain cauon beneficiaries including the co-plaintiffs in the each ndee 18.75% - would exhaust the fund. Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi Christi
```html 49 he trust or disposition avoids or refeats rights， claims or interests offered by foreign law upon any person by reason of a personal relationship to the settlor or by way of heirship rights， or contravenes any rule of foreign law or any foreign judicial or administrative order or action intended to recognise， protect， enforce or give effect to any such ights， claims or interests." 1 as the view that the causes of action and the remedies in the Greek proceedings would not be entered as along lines engaged in scholarly debate， in an endeavour to deal with cases of election based on rights on the one hand， see based on remedies on the other， referring to such that Scott v. Jardine [1982] 7 A.C. 345 and More new [1980] A.C. 367. ernatiwbray took a new line by skillfully using Scarf v. Jardine with Ker v. Wauchope 1 BL 11， Pitman v. Crum-Ewing (suppleni thel v. Westmorland [1904] A.C. 11， Douglas-Menzies v. Ur... rbe rbe 1908] A.C. 224 to illustrate and support his argue stopp， the choice must be absolute between clear "B-M In that regard， I have indicated that where the Arts andves are determined by dispositions in the Deed or W o the elector must take one or the other and the duty a court is consequentially limited； and similarly， where t ty has already elected by pursuing one course and ed from pursuing the other. The case of Douglas v. Umphelby [1908] A.C. 224 is illustrative. The decision are summarised in the headnote at p. 224： y two testamentary instruments， called respectively a British will and an australian will， a testator domiciled in ar cotland made a complete disposal of his states， British and Australian， directing hat the British will should be construed and administered according to the law of alnctland， the Australian will according to her law of New South Wales. His widow， ill ca) n his death without issue， obtained a of Las Fac LS ```
```html decree of the Court of Session in Scotland establishing her legal right in name of jus relictae and terce, with consequential relief, the Court declining jurisdiction as against the Australian trustees. Under a summons issued in the Supreme Court of New South Wales by the respondent trustees of the Australian will, the widow claimed the beneficial dispositions in her favour contained therein; the Court decided in her favour, and an appeal therefrom was instituted by the above appellant, party thereto, who took beneficially under the Scottish will, but not under the Australian: Held, that the two instruments formed one will containing a coherent scheme of intention, and that the widow, having elected to defeat the will in part, could not claim under it, and accordingly took no interest under the Australian will." We ccwithstanding, I am not in any way convinced that court asians cannot demand an election in an inchoate situation by cl have been treated by Counsel on both sides to astute a attractively presented, ranging over the varied opose on which a court has been called upon to order before and to a commendable display of much learning on the etrary dut as Mr. Mowbray attractively puts it: called "The justice of the case does not turn on abstract conceptual analysis of the nsidera theoretical bases of Christos' claims." re whether my view, the moment Christos filed his action in Obse aiming a share to the assets of the Foundation, je pa... to and not in accordance with the scheme or method inside tion in the Trust Deed, an "election situation" arose. th, the pivotal question is whether or not on "simple ctions of common Law and equity" Christos should now upon to elect between his proceedings in Cayman and Greece. To that end consideration should be given their continued existence is vexatious or oppressive. he rgut rgt rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut rgut </tr
```html -51- main, dle proposition because wit statement of principles in those cases are relevance, they deal with the similar ultimate question, namely, data should be subj ect matter in two different jurisdictions; the real di is le being that in forum conveniens cases, the court is asked to determine the jurisdiction in which the action is to be dete la pile in election cases, where election is ordered, the cho cou Britt to the plaintiff. equi estaid: h Airways v. Laker [1985] A.C. 58 in illustrating the typ "Of s's in which an applicant may seek an injunction restrail gen pointing plaintiff from continuing o commencing proceedings in a fo unc irt on a matter pending in an English Court, Lord elect Diplock c blow St in Lasuch defences, it is not difficult to ne 321 "But to a number of examples most of them not Caun toppel in pais (which is also a defence prof ision, waiver, standing by, laches, appi 18ing hot and cold - to all of which the whic ric description of conduct that is inju may be given." from F and wen by Loi quote with express approvel Lord Scarman's state me e careitanho v. Brown et al [A.C. at p. 573;- sag the width and flexibility of equity are ent: ion in the exercise of the jurisdiction certainly needed: but the way in which past judges have expressed themselves from onwards amply supports the view for atch the defendants contend that the unction can be granted against a party perly before the court, where it is opriate to avoid injustice." ti ful approach of the court to restraining a plaint l pursuing his action in a foreign court was express w ff Scarm an in the British Airways case, in the followi ic prje at p. 95, which was quoted by Harre, C.J., in his jud re rm t tt gm ed Th ng ```
```html ou es general emphasis that it states an cthe cauch and a principle which are of ctio"I"tlious because an injunction reme apprining a person within the juris aila of the British court from pursuing reid indy in a foreign court where, if he of jucdion is，however，disguised and is nee a ct，an interference with the process action cat，recognaved even in a "forum conveniens" rtEnglisble a case in which remedy is necessary in the English as well as in the injunc ih court in respect of the cause of ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide arises exible" equity it can be seen to be or the Enrige ment of an equitable right of injunc h court. Caution is clearly very ap suit ih which，if the facts be proved，is rcum cordNevesied and enforceable by the foreign plif and cons an iheless，even in the latter case，the to be cion of the English court to grant the bringi action exists，if the bringing of the injust ap tances so unconscionable that in sustai ece with our principles of a "wide
The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in. The plaintiffs are seeking the removal of the Caymanian trustees for alleged breaches of trust, which they say is confirmed by the way in which they have supported the ladies in these proceedings, particularly in relation to the implementation of the wishes of Captain Lemos. They say that while their litigation is proceeding in Greece they are, in the face of the situation which they believe themselves entitled to protect themselves in.
```html of t", be puttion in Cayman and in Greece, the plaintiff shoulds lit to an election because the maintenance of both T L.J is "vexatious and oppressive" as explained by Bowe 32 C. D. 408: I agree that it would be unwise, unless one was actually driven to do so for the purpose of deciding this case, to lay down any definition of what is vexatious or oppressive, or to draw a cricle, so to speak, round this court unnecessarily, and to say that it will not move outside it. I would much rather rest on the general principle that the court can and will interfere whenever there is vexation and oppression to prevent the administration of justice being perverted for an unjust end. I would rather do that than attempt to define what vexation and oppression mean; they must vary with the circumstances in each case. in the nd gen true that in their annual disbursement to the broit ustees up to the time of the actions had shown no disc rig ts, but this rested entirely on the good- r anerosity of the trustees. Christos is a disc, t. a beneficiary and having filed his Cayman Action to mainstrati status quo and, in particular, the quarterly pay demand l was necessary to obtain an interlocutory injunction. The are no have countered by seeking a declaration that it woulan quest and proper to carry out the wishes of the sett may 1 cut him off as a beneficiary. The basis for this Chie is t Onea beneficiary, he has darta to question their adm on by an action in court. On the other hand, the acti dece is for causes and remedy which I have already found t entertainable in Cayman and based upon Greek Stat a Proverbially speaking, an Order for an election woul he n, a choice between the shadow and the bone. ions of Res Judicata and principles of judicial comi ater arise, but I am in agreement with the leatr ri f Justice that at this stage Christos should not be id ten election. :ut :lo on tyd ha rne id ne ni out ```
```html Georg inv see Bor nom， in that he is a "shadow party" in the proceedings in Cayc ee he sense that it is being conducted with his comish Cl Aband for his benefit-see Nanu Ofori Atta II V. Nan [1991]hsra II [1958] A.C 95 and House of Spring Gardens v. Wai rt of QB 241. Before us the submissions are more in (1) a "shadow party"; understandably so， as to est t anristos being George's nominee would require more co phr Mr indirect evidence. The trustees are relying on:- betw that George's claim in Greece is similar to ni wort] to Christos; t] simi Alberga has endeavoured to show differences dispen Christos' action and George's by reference Grearticulars. In my view， these are of the (2) a;peral； the core of the action in each is In t lar. However， this has little or no probative h. Each claim， apparently based on legal advice， word that the establishment of the trust and the To t]oppositions under the trust are contrary to ce ind Law. inju that Christos in his affidavit， deponed to insi re George's support and interest in the Cayman proceedings. hat regard， the rule of evidence is that such an ion is George's only to the extent as George by or conduct expressly or inferentially adopts it. in hat end， we were adverted to his continued ab maipt of the regular payments under the interlocutory te en plnction. It is true that he is receiving this not no significant benefit but he does so as being part of ```
```markdown - 56 - I see no obligation on him to refuse or take (3) is to exclude himself; that Harre, C.J., found him a "shadow party" when he said: "I came to the view that in reality George has benefited and sought to benefit from applications which have been made by his brother with his interest very much in mind or in fact on his behalf." (p.19) Mr. Alberga's reply was to the effect that these passages amount to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; 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and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; 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and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; 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and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party" in George; and not so much as to a finding of a "shadow party"
```markdown ## Pursuant to the Oingly, I would dismiss the Trustees' appeal against the Accorders dismissing the election summonses in relation to Christos and George. ### CHRIST ACCOUNTS APPEAL AGAINST THE ORDER DISMISSING HIS ACCOUNTING SUMMONS AND THE TRUSTEES' APPEAL AGAINST CERTAIN TERMS IN THE ORDERS MADE IN RESPECT TO CHRISTOS' DISCLOSURE SUMMONS 1. The Court of Appeal made the following Orders: (2) The Accounting Summons is dismissed. (ii) Trustees are directed to allow the plaintiffs, (by their attorneys), to inspect and take (copies of the following documents): (ii) the Settlement and all other documents constituting or purporting to constitute the Trofoss Foundation ("the Foundation"); (ii) all appointments or purported appointments of new trustees of the Foundation; (ii) all appointments or purported appointments of new or further beneficiaries under the Foundation; (v) all removals of past beneficiaries under the Foundation; (v) all other trust or fiduciary document of or connected with the Foundation except: (a) the accounts of the trusteeship and all books, records, and vouchers including, without limiting the generality of the foregoing, any balance sheets, income and expenditure accounts, ledgers or day books (however described) from which the said accounts are prepared, (b) any correspondence passing amongst the Trustees or between any of them and anyone else for the time being comprised in the definition of "the Beneficiaries" in the Deed of Settlement, and (c) Any documents disclosing deliberation as to the exercise of any discretionary ```
```html ( powers among any person within the said definition or disclosing the particular reasons for any such exercise or the material upon which any such reasons were or might have been based; The application for accounts was made under Rule 21 of the Court (Civil Procedure) Rules, which reads:- "In any action in which the writ of summons has been endorsed for an account and the defendant does not appear, or appears and does not there after satisfy the Court that there is some preliminary question to be tried, the Court may make an order for the proper accounts with all necessary directions and inquiries." ur Reliart the consistent stand on behalf of Christos that as ader ham ary he is absolutely entitled to have accounts takehe titing court without undue delay and the accounts are needing p plaintiffs to police the trustees' administration un there are serious accusations - Morrice v. Bishop of Ds not 1804] 9 Ves 399. de twoulce was also placed on the practice in the English courterd psimilar Rules to make an immediate Order for accoth. 9 In unless the defendants raise an issue as to they being acco In arties. orf Trustees in reply contend that an Order for accounting is dary and although there are situations in which an acco d be ordered more or less as a matter of course, this such a situation. termining this fundamental issue, Harre, C.J., consertinent passages in Re Londonberry's Settlement [196 ed 18 and O'Rourke v. Darbishire [1920] AL 581. ns n] e Londonberry case, the defendant, a beneficiary, sougi un trustees, inter alia, copies of the trustees' 5] ec un un ```
```html d meet en the documents prepared for these meetings， correspondence bet trustees， the appointers under the trust and the es， and also between the settlor， one of the app ied and the trustees' solicitors. The trustees sup nties of the appointments and of the annual trust acc wt took the view that in the interest of the family e as natu ents. they ought not to disclose any of these other doc Harm trustees issued a summons seeking the determination of ng o sure and extent of their duties in respect of such dis wian， L.J.， in the Londonberry's case quoted the fol bservation of Lord Parmocr in O'Rourke v. Darbishire and Wrenbury in the same case：： “If the plaintiff is right in saying that he is a beneficiary， and if the documents are documents belonging to the executors， he has a right to access to the documents which he desires to inspect upon what has been called in the judgments in this case a proprietary right. The beneficiary is entitled to see all the trust documents because they are trust documents because they are trust documents because they are trust documents and because he is a beneficiary. They are in a sense his own. Action or no action， he is entitled to access to them. This has Harm nothing to do with discovery. The right to discovery is a right to see someone else's documents. A proprietary right is your own. No question of professional privilege arises in such a case. Documents containing professional advice taken by the executors as trustees contain advice taken by trustees for their cestuis que trust， and the beneficiaries are entitled to see them because they are beneficiaries." an， L.J.， then commented thus：： “General observations of this sort give very little guidance， for first they beg the question what are trust documents， and secondly their lordships were not considering the point here that papers are asked for which bear on the question of the exercise of the trustees' discretion." and ealing specifically with particular documents in iss - ```
```html "I precise. I should add that very different considerations apply when it comes to a question of discovery " it in an action where a beneficiary is impeaching the validity of the trustees' actions." Lord Nathan, was similarly critical of the generality of the term "trust documents" in the context in which practic dees said: (p. 935) : "It seems to me it would have been far better that the matter should have been left until an action were started by a beneficiary who claim to have a right to see particular documents and the court would fairly face the problem whether the particular documents were ones which the trustees were bound to disclose to a particular beneficiary." and ng with the particular documents said: It seems to me there must be cases in which documents in the hands of trustees ought not to be disclosed to any of the beneficiaries who desire to see them, and I think the point was a good one which was taken in the affidavit of Lord Nathan, that to disclose such documents might cause infinite trouble in the family, out of all proportion to the benefit which might be received from the inspection of the same. It seems to me that where trustees are given discretionary trusts which involve a decision upon matters between beneficiaries, viewing the merits and other rights to benefit under such a trust, the trustees are given a confidential and they cannot properly exercise that confidential role if at any moment there is likely to be an investigation for the purpose of seeing whether they have exercised their discretion in the best possible manner. ```
```html Of course, if a case is made of lack of bona fides, that is an entirely different matter. In that case I agree it becomes necessary to examine exactly what has happened because that is in an action and not in a theoretical application for directions, as the present case appears to be. It appears to me that the documents are confidential and the trustees' duty would become impossible and the execution of the trust would become impossible if the trustees were bound to disclose to any beneficiary any information or other matters in regard to beneficiaries (sic) that they had received. For these reasons, therefore, it seems to me there must be a very restricted application of the observation that bene- ficiaries are entitled to see all the trust documents. The matter must be one which is subject to special circumstances and the right to disclosure cannot apply to all trust documents." and Salmon's, I.J., contribution included the following: "There is another possible approach to the present case. The category of trust documents has never been comprehensively defined. Nor could it be-certainly not by me. Trust documents do, however, have these characteristics in common：(1) they are documents in the possession of the trustees as trustees；(2) they contain information about the trust which the beneficiaries are entitled to know；(3) the beneficiaries have a proprietary interest in respect the documents and, accordingly, are entitled to see them. If any parts of a document contain information which the beneficiaries are not entitled to know, I doubt whether such parts can truly be said to be integral parts of a trust document. Accordingly, any part of a document that lacked the second characteristic to which I have referred would automatically be excluded from the document in its character as a trust document." However, in Re Cowin [1886] 33 Ch. at 179, another case expressed this qualification： "I do not say that he is entitled as of right, but only that he is entitled under the circumstances, because there might be a state of circumstances under which the right to production would not exist." ```
```html 62 to the tt v. Kel son[1952]Ch. 197 - it is enough to In summary as set out in the headnote: The defendants as trustees of a testator's will held 22,100 ordinary shares of a private limited company out of 22,852 shares which had been issued. The voting power was vested in the ordinary shareholders. Pursuant to powers conferred on them by the will of the testator, the defendants had appointed themselves to be sole directors of the company. The plaintiff, who was entitled in a substantial portion of the testator's residuary estate, became dissatisfied with the manner in which the defendants had conducted the company's business and in this action claimed a declaration that he, as a person beneficially interested in the property subject to the trusts of the will, was entitled to inspect all documents which came into possession or power of the defendants by virtue of their position as directors of the company." Harman J. made the declaration for which the plaintiff asked. On appeal:- Held (1) that beneficiaries were not entitled to call on trustee directors to use their powers as directors as though such powers were held on trust for the beneficiaries; (2) that beneficiaries were entitled to be treated as though they were the registered shareholders in respect of trust shares, with the advantages and disadvantages (for example, restrictions imposed by the articles) which that position involved and that they could compel the trustee directors, if necessary, to use their votes as the beneficiaries or the court, if the beneficiaries themselves were not in agreement, thought proper even to the extent of including altering the articles of association if the trust shares carried votes sufficient for that purpose; (3) that in the present case, if the plaintiff docu which he wished to see, secondly made out a proper case for seeing them and thirdly was not met by any valid objection by the other beneficiaries or by the directors from the point of view of the company, then the directors should give inspection, not because they could be compelled to do so as directors but in order to avoid an order compelling them to use their voting powers so as to bring about what the plaintiff desired to achieve." cases re Londonberry, Cowin, Butt v. Kel son lead me to that although a beneficiary has a proprietary right to cuments, it is by no means an absolute right; there may ments or category of documents which it would be just cc tr h ```
```html In ts lust ard the documents excluded in the decided cases are ral retive but not exhaustive. Accordingly, I extract the save propositions that an order for account will be the ider gran men in circumstances， e.g. where the document or category ne of ciary'is not relevant or evidentially essential to the Id benefi case or where the probative value is minimal and clarieably outweighed by prejudice to the other benefi tions or to the proper administration of the trust. am right in this approach， then only in exceptional circ its bs would a blanket refusal of an application for account is justified in cases where a beneficiary makes serious alle (1) "impeaching the validity of the trustees' actions". (， he grounds on which the Judge dismissed the accounting sum he main may be summarised thus： (2) that judicial accounting would be long and (3) expensive and that it would not be just and convenient to make such an order; (4) that because the trust involves very large commercial assets some degree of confidentiality ctions t is involved； h have that the order on the disclosure summons will order furnish all that is necessary； vers ver 1， or that the summons is a "fishing exercise" - ative， a ruse to obtain evidential material for the f of Greek action. nat first three grounds are but minor impediments that il cou been resolved between the parties or by summons for cou ge dir ha under the umbrella of liberty to apply. In that dire co behalf of Christos， the offer was tendered that even te run，fi for accounting was made， a properly up-to-date audited if our acci fied by affidavit would be acceptable or in the our nor a streamlined procedure could be adopted. On beh he trustees that they are ready， willing and able an ec you ar er] ld al ```
```markdown # Transcript of the Document The real bone of contention rests on the allegations of the Attorney of Christos in bringing the Cayman proceedings and evidencing summons for accounting as a fishing exercise to obtain material once for the Greek action. In the affidavits on both sides, there have been accusations in acrimonious language. However, at this stage, I am constrained to treat the issue of the Attorney of Christos' bonafides in bringing the Cayman action as a matter of fact and without any comments that would reveal an inclination (either way). It is enough for the purpose of this appeal that the apprehension of the trustee that the matter is aimed by an order for judicial accounting is reasonable. With regard to Mr. Mowbray in affirming Christos' stand that his position in the Grand Court is genuine, adverted to allegations of mismanagement by the trustees, inter alia - (1) the proceedings permitting Captain Lemcs: (a) to spend $574,000 of the trust fund on private purposes; (b) to accept deposits; (c) to use the trust property as his own; and (d) to want of the requisite diligence in relation to the accounts. However, it is admitted that material and documents obtained on an order, if relevant, will certainly be used in the Greek proceedings and that the Greek procedures for discovery are being less liberal than the Cayman procedure. Documents obtained under the latter may not be obtainable under the former. Because of the beneficiary's proprietary right to the receipts obtained on the accounting procedure, he would be free to use them as he wills. ```
```html action Istos cannot have it both ways. Having brought his she Cl in the Court in Greece, it is only just and fair than Oi dvanbuld take that forum with its advantages and dic ticiary hies. As I have already said, the right of the bea lifies to an Order for Accounts is not an absolute but Accept 1 right. Although the normal practice is to grt way imder for Accounts without conditions, this does not in anrol rtakinede the wide discretion conferred by Rule 21. ed tl Courboldy, it would be within the discretion of res l the c to make the Order for Accounts subject to an und now tunding, on behalf of Christos not to use the material ob In thereunder in the Greek proceedings. From the over-eged acme by both sides, there is an implied agreement thu deow the the more onerous and protracted judicial accounting wo s an the counts would be acceptable. au fol counts would be acceptable. the contrary to the express acknowledgement that properly ionrdingly subject to the undertaking indicated above the circumstances, it would be just and fair to or wi usual liberty to both sides to apply. t trustees, unhappy with the order on the Disclosure St rend, in particular with paragraph 2(v)， appealed on the ing ground： I "The Judge did not (either in the order or in his reasons therefor) define or give adequate or any guidance as to the meaning of the category of documents included in the expression "all other trust or fiduciary documents" or connected with the Trof os Foundation (which category with the exceptions set out in subparagraph (v) is referred to below as "residual trust documents")." de an was submitted, in effect, that the impreciseness ta ney ers the order unworkable and embarrassing. ul dedi mmr th le ```
```html 66 beul bergments to the contrary, I am of the view that clarity. spite obtainable under the paragraph 3 of the Order which 'The Li peplaintiffs and the Trustees shall have party to apply as to the working out of ordang graph 2 of this Order". ally, I would dismiss the Trustees' appeal. A ORDERPEAL NO. 11/93 BY GEORGE AGAINST TO RE THE ORDER OF 21ST JANUARY, 1993 Appea ries. 1t permitted the trustees at the expense of the trust for This litain lawyers for the "second generation" benefic ed rely the children of George would be such benefic ga the inl sought an amendment to the Order to denil specific lar fer on George the right to choose the lawyers or altern at let he be appointed guardian at litem for his childappli ca sir is a surprising intervention for one who express thl any interest in the Cayman proceedings. luments were addressed to us on behalf of the appell a ference is that it was not being pursued. In any event, conflict of interest as moved the Court to grant independent representation to the co-plaintiffs in 425/91 would be able here. I am of the view that there is no merit i lpeal. W ea De The Acc unc As Th n. ia nt ca ly ian a; ti n r de e ```
```html THE BEDDOE APPEALS have had the benefit of reading the Draft Judgment of the Honored President. In it he has reviewed the arguments and conclusions cited. I am in agreement with his conclusion that the appeals should be allowed to the Order out in his judgment. PRESIDEPPEAL Appeals firm Order of the Court is as follows: Appeals 2，5，10/92 and 2/93 are dismissed. Orders of the Court below are affirmed. Appeal 13/93 is allowed. Order of the Court below is vacated. Appeal 9 and 10/93 are dismissed. Order of the Court below is affirmed. Trust 11/93 is dismissed. Order of the Court below is affirmed. Appeal 12/93 is allowed. Order of the Court below is vacated. Order for audited accounts substituted, subject to a undertaking by Plaintiff Christos Lemos and his attorney to use the accounts in any other proceedings or make it Trust for use by any other person in any other proceed Appeal 15/93 is dismissed. Order of the Court below is affirmed. Appeal against the Order as to election is dismissed. Majority in relation to Christos， but unanimously in relation to George. Appeal against the Order for disclosure of documents is dismissed unanimously.