2/18/2013
START DATE
END DATE
3/12/2013
In the Matter of an Application for Information about a Trust
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
Trust Law
Kawaley CJ
Narinder Hargun Paul Smith (Plaintiff)
Robert Ham QC Keith Robinson David Alexander QC Andrew Martin (Defendant)
FACTS OF THE CASE:
Trustee's duty to disclose trust information challenged due to an information control mechanism in the Trust Deed. The beneficiary with a significant interest in the Trust sought disclosure of Trust information which was restricted by the Trust Deed without the Protector's consent. The court examined the validity of such restrictions and the court's discretion to order disclosure.
SUMMARY:
the beneficiary's right to information the legality and operation of information control mechanisms
OUTCOMES:
Disclosure ordered by the court with considerations for confidentiality and proper administration of the trust
RULED IN FAVOUR OF:
Plaintiff
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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In the Matter of an Application for Information about a Trust
Trustee's duty to disclose trust information challenged due to an information control mechanism in the Trust Deed. The beneficiary with a significant interest in the Trust sought disclosure of Trust information which was restricted by the Trust Deed without the Protector's consent. The court examined the validity of such restrictions and the court's discretion to order disclosure.