forum non conveniens applied.
Forum for administration clause
Kawaley J agreed that the nature or legal character of the dispute is relevant (applying the decision of
Crociani v Crociani
(7)) in deciding whether a jurisdiction clause in a trust deed applies:
The question of whether a forum for administration clause, irrespective of whether it is expressed to be exclusive or not, confers exclusive jurisdiction on the relevant court is an arid debate if the context in which the question arises is not taken into account.
The court found that, on the facts of the present case, the trustee would not be entitled to rely on the forum clause given that the claim in question was not brought by someone claiming under the trust, but rather as someone challenging its validity.