Khyentse Rinpoche Lama v Ross Hope and others - SC 48/2006

Civil – religious purpose trust – lay trustees to be supervised by Karmapa (head of Karma Kagyu School of Buddhism) – appellant, not a trustee, appointed by Karmapa as spiritual director – longstanding, international dispute within School over identity of Karmapa’s new incarnation – Court of Appeal recognised non-justiciability of religious and spiritual issues – correct approach to interpreting and enforcing purpose trusts – whether Court of Appeal erred in interpreting trust deed – whether trust deed gave appellant power to remove trustees – whether alternative application by appellant to remove trustees limited to Trustee Act 1956, s 51 or invoked the Court’s inherent jurisdiction to remove – the scope of that inherent jurisdiction – whether Court of Appeal wrong to conclude that appellant had not alleged improper conduct or breaches of trust deed by trustees – whether reinstatement of trustees by Court of Appeal gave rise to an ‘impossible situation’ inimical to attainment of the trust’s objects. CA 51/05 CA 119/05 7 June 2006