Owies, Paul Andrew & Owies, Deborah v JJE Nominees Pty Ltd (ACN 004 856 366) (in its capacity as the trustee for the Owies Family Trust) [2022] VSCA 142

TRUSTS - Family trust - Whether trustee had sufficient knowledge of applicants' circumstances to exercise its discretion to distribute income of trust - Whether judge erred in finding trustee exercised its discretion upon real and genuine consideration in certain years - Whether decision of trustee void or voidable - Wareham v Marsella (2022) 61 VR 262; [2020] VSCA 92 discussed - Pitt v Holt [2013] 2 AC 108; [2013] UKSC 26 applied - Leave to appeal granted - Appeal allowed.

TRUSTS - Removal of trustee - Whether trustee should be removed following breach of trust - Conflict between trustee and two of three remaining beneficiaries - Where judge erred in finding trustee exercised discretion upon real and genuine consideration - Miller v Cameron (1936) 54 CLR 572; [1936] HCA 13 applied - Order for removal of trustee.