In a recent ex tempore decision of the British Virgin Islands ("BVI") Commercial Court (the "BVI Court"), the Honourable Mr Justice Wallbank exercised the BVI Court's inherent jurisdiction to remove and replace the trustee of a BVI charitable purpose trust, upon an application by its settlor, for whom the Maples Group acted.
在最近英屬維京群島商業法院Wallbank法官運用BVI法院固有管轄權，以ex tempore 判決來解除及取代一個BVI慈善目的信託之受託人，其係根據委託人之申請,委託人是Maples集團之代理人。
This decision saw the BVI Court apply English law principles on the exercise of its inherent jurisdiction, finding that "the welfare of the beneficiaries" is the paramount consideration in granting such relief.
本判決見識到BVI法院在於行使其固有管轄權上適用英國法原則，判決允准該救濟係以受益人的福祉為主要的考量。
BVI trusts are governed principally by their constitutional deeds and instruments, and also by statute (largely confined to the Trustee Act and Ordinance, respectively).BVI信託主要係由基本契據、文件，同時亦由制定法所規範（絕大部分係個別受制於受託人法和規章）
The BVI Court is empowered by the Trustee Ordinance to remove and replace the trustee of a BVI trust in certain circumstances, and upon application by a party with a beneficial interest in the trust assets. English jurisprudence which speaks to the equivalent English legislative provisions, namely sections 41 and 58 of the Trustee Act 1925, suggest that only an existing trustee or beneficiary will have standing to make such an application under the Act and, importantly, not a settlor or protector.
在某些情況下，BVI信託可依據受託人規章BVI法院被授權解除受託人或選任新受託人以取代原受託人，同時也可由受益人於信託資產下提出申請。
Ex tempore (Latin for "out of the moment“) is a legal term that means 'at the time'. A judge who hands down a decision in a case soon or straight after hearing it is delivering a decision ex tempore. Another way a judge may deliver a decision is to reserve their decision and deliver it later in written form.[1] An ex tempore judgment, being off the cuff, does not entail the same preparation as a reserved decision. Consequently, it will not be thought out to the same degree.
Ex tempore是拉丁文；是法律用語，意指“ 法官在審理案件不久後即作出判決或直接在言詞辯論終結後作出判決。另一種是法官作出判決去廢棄或撤銷原判決嗣後作出判決書ˊ
In Australia, intermediate-level courts tend to have a heavy case load, and so many decisions are delivered ex tempore for reasons of time and necessity. Because many decisions are ex tempore, intermediate-level courts' decisions are not binding on inferior courts - that is to say, that in New South Wales, the District Court's decisions are not binding on the Local Court (see Valentine v Eid (1992) 27 NSWLR 615 and stare decisis).
Ex tempore decisions are not binding on later courts due to the quick nature of their delivery after the hearing of a case. Therefore, these decisions are of persuasive authority only and a later court, dealing with a case of similar facts, can reach a different conclusion if it is appropriate and the court in question believes that their decision is more suitable.
