Tito v Waddell (No 2) [1977]

Mining rights on Ocean Island acquired by UK, NZ and
Australian governments.
Ocean Islanders claimed that the Crown stood in a fiduciary
position to them and was guilty of various breaches of trust.
Claim failed.
Held there was a governmental obligation or ‘trust in
the higher sense’ but not a true conventional trust.
Created no fiduciary obligation and was not
justiciable in the courts.