Commentary

31 What was thought to be the ratio decidendi of Hastings-Bass ?

POWERS OF APPOINTMENT vol 33
| Commentary

31 What was thought to be the ratio decidendi of Hastings-Bass ?

| Commentary

31 What was thought to be the ratio decidendi of Hastings-Bass?

The following statement by Buckley LJ had been regarded as the ratio decidendi of the Hastings-Bass case1:

‘To sum up the preceding observations, in our judgment, where by the terms of a trust (as under section 322) a trustee is given a discretion as to some matter under which he acts in good faith, the court should not interfere with his action notwithstanding that it does not have the full effect which he intended, unless (1) what he has achieved is unauthorised by the power conferred upon him, or (2)

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