Chan Sek Keong J

This action was commenced on 8 August 1987 by the plaintiffs, who are income beneficiaries of the family settlement, for the purpose of removing the then existing trustees, viz Hongkong Bank Trustee (Singapore) Ltd ('HBT'), the first defendants herein, as trustees of the family settlement and the appointment of British and Malayan Trustees Ltd ('BMT') in their place. On 23 January 1989, HBT applied by S/C No 443 of 1989 to be discharged as trustees and to have the second, fourth and fifth defendants appointed as trustees in their place. On 31 March 1989, I made an order in that summons discharging HBT as trustees of the family settlement and appointing BMT in their place (see [1989] 4 MLRH 249, [1989] 3 MLJ 84). The said second, fourth and fifth defendants have appealed against that order.

Issue

The issue as to whether HBT ought to have been removed on the grounds relied upon by the plaintiffs was not argued in S/C No 443 of 1989. The parties now require the court to decide the said issue for the purpose of determining whether the parties to the original action are entitled to have their costs of the action up to 23 January 1989 when S/C No 443/89 was filed,