Catchwords:

APPEAL – competence – relief confined to removal of trustee – whether amount in issue exceeded $100,000 – Supreme Court Act 1970 (NSW) s 101(2)(r) – appeal dismissed as incompetent

TRUSTS – application to remove trustee – sole director of trustee was also principal of law firm which provided legal and non-legal services to trustee – whether unitholder had given fully informed consent – unitholder had agreed to “commercial settlement” for director to provide legal and non-legal services at reduced rate – unitholder had benefit of independent legal advice – unitholder unable subsequently to complain of conflict of interest – leave to appeal refused