Relief

It is clear that at all times the Court of Chancery in England had the power to grant declaratory relief as ancillary to the granting of come principal relief. Thus the court could in an appropriate case declare that the plaintiff was a cestuis que trust of a fund of money and the grant an injunction against the defendant trustees to restrain them from committing a breach of trust”

Thus, a plaintiff cestuis que trust can obtain an injunction restraining a defendant trustee from committing a threatened or apprehended breach of trust, from continuing to commit a breach of trust, or from repeating the commission of a breach of trust, or from repeating the commission of a breach of trust {RP Meagher and WMC Gummow, Jacob’s Law of Trusts, 6th ed Butterworths, Sydney, 1997, [2304]; Dance v Goldingham (1873) LR 8 Ch App 902; Park v Dawson [1965] NSWR 298; Fitzwood Pty Ltd v Unique Goal Pty Ltd [200] FCA 36.}