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Round 7 and counting

Some cases will never settle.  Stokes v Insight Legal is one of them.  In this most recent trip to the High Court the defendants (Insight Legal et al) have sought leave to appeal the High Court decision Stokes v Insight Legal [2014] NZHC 2475.  This decision was largely procedural and related to matters that had … Continue reading

Staying at the table

In the Matter of Te Kohanga Reo National Trust considers the powers available to the High Court when one trustee is concerned to prevent his removal as a trustee; and to ensure proper participation in trust matters while still a trustee. In considering an application for an injunction to address these matters (the background being … Continue reading

Use it or lose it

When a trustee relationship breaks down, if one of the trustees holds the power of appointment, it is important that that trustee does not rely on this power to presume future control. Consider the case of Nysse v Nysse. Mr and Mrs Nysse were co-trustees of a trust settled by Mr Nysse.  The trust’s assets … Continue reading

Do it right or don’t bother?

Trusts are a bit like plants – tend them and nourish them and you can reap the rewards for years.  Leave them alone and even if once well tended to, the plant can bolt or fail.  The story that became  Murrell v Hamilton provides a sad example of what can happen when trustees fail to collectively … Continue reading

Rosebud 2 – the edifice collapses further

If it were a movie the title might be: “Rosebud 2 – the edifice collapses further. The case of Rosebud Corporate Trustee Limited v Bublitz focused on whether the trust for which Rosebud Corporate Trustee Limited (Rosebud) acted was a sham.  As a result of the court finding the trust to be a sham an agreement that Rosebud Trust purported to … Continue reading