The Supreme Court has denied leave to appeal the Court of Appeal decision in McLaughlin v McLaughlin, which relates to a long-standing challenge regarding the trusteeship of a family trust and allegations of breaches of trust brought by brothers of one of the trustees. The original causes of action were:
John McLaughlin retired before the conclusion of the High Court hearing. Notwithstanding this, a significant costs order was made in his favour. See Balance of convenience is best interest of beneficiaries regarding the High Court hearing and commentary on the Court of Appeal decision in McLaughlin v McLaughlin.
The grounds of appeal were:
The Supreme Court’s reasons for dismissing the leave application are set out at [13] to 16] as follows:
References:
- McLaughlin v McLaughlin [2024] NZSC 11
- McLaughlin v McLaughlin [2023] NZCA 473
- McLaughlin v McLaughlin [2021] NZHC 3015
Matters of Trust 
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