The Supreme Court has recently dismissed an appeal against a Court of Appeal decision on the disclosure of trust documents to discretionary beneficiaries.
In Erceg v Erceg and Others Mr Ivan Erceg sought disclosure of certain trust documents as a discretionary beneficiary of certain trusts. At first instance the High Court held that Mr Erceg's interest as a final beneficiary and his right to seek information about the Trusts in his capacity as a discretionary beneficiary had vested in the Official Assignee on his bankruptcy. Both the Court of Appeal and the Supreme Court disagreed with that finding, holding that Mr Erceg had standing, notwithstanding his bankruptcy, to seek trust information. The Supreme Court recorded that the bankruptcy of a discretionary beneficiary does not affect his or her capacity to seek disclosure of trust information from trustees or the Courts. On the facts the Court declined to order the documents be disclosed to Mr Erceg.
A copy of the decision can be found here.