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Re Borthwick relates to an application by trustees to enter into a settlement agreement and to make the necessary variations of trust to effect the agreement. The background of the matter features a trust restructure that was challenged by a disaffected beneficiary. The application before the court calls upon the court’s supervisory capacity pursuant to section 124 … Continue reading
Smale v Lowe & Ors relates to an application for summary judgment for the repayment of loans between family trusts. As set out at [1] to [2]: A number of matters were put to the court by Mr Lowe who was not open to repayment of the debt owing to the Anzac Trustees. Are the deeds … Continue reading
Phillips v Heremaia relates to two sisters engaged in litigation with respect to their father’s estate. Although the matter settled at a judicial settlement conference not agreement was reached with respect to costs, which are the subject of this judgment. The following at [3] and [4] sets the tone for the decision: Rule 15.23 of the … Continue reading
Matters of Trust 