The cases quoted by Mr Conti relating to Court appointment of new Trustees under Section 41 or under the Variation of Trusts Act 1961, showed the Court has to be persuaded to a much higher standard than an ordinary Trustee making appointment under Section 35 might be.

I am not dealing with new Trustees, if I had been then perhaps Mr Conti's submissions might have had weight and be relevant. All I have to consider is whether Section 38, strictly complied with, allowed Mr Moore to retire. I am satisfied that two Trustees were left and therefore Section 38 was strictly complied with and Mr Moore's retirement was valid.

I declare Section 38 was complied with and the retirement of George Ramsey Martin Moore was valid.

Costs Reserved. I order that the defence to the counter claim is served by the end of June. I give leave for further skeletons and Affidavits and this matter is adjourned to the September Call Over for a date to be fixed for answering the second question."

Transcript of His Honour THE DEEMSTER CORRIN's oral Judgment delivered on 31st May 1996 as approved