Singh v Attorney General is an application under part 5 of the Trusts Act 2019 and pursuant to the High Court rules to defend the applicants’ removal as trustees of the Sikh Sangat NZ Trust (the Trust) and for a Beddoe Order. The applicants separately seek the removal of the Trust’s founding trustee and an account or enquiry or the appointment of the receiver (the main proceedings). The case in hand is a separate proceeding to confirm that the applicant’s costs in the main proceedings will be met by the Trust.
The terms of the Trust are not entirely conventional and as noted at [11]:
The court referred to McCallum v McCallum regarding Beddoe applications. A primary issue in the current proceedings was whether trustees who had been removed had standing to bring such an application. The first question to consider was the differentiation between removal pursuant to a power of removal and pursuant to the Trusts Act. The issue for consideration being the ability (under the Trusts Act) to defend an application for removal by filing proceedings within the 20 working day time limit.
This was addressed as follows:
References:
- Singh v Attorney General [2022] NZHC 666
- Trusts Act 2019, part 5
- McCallum v McCallum [2021] NZCA 237
Matters of Trust 
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