The decision in Toailoa v Eliu, for which leave to appeal has been granted, relates to an initially successful application to appoint a manager or receiver to a charitable trust pursuant to section 60 of the Charitable Trusts Act 1957. Section 60 of the Charitable Trusts Act provides that:
The decision in Toailoa v Eliu explores who has standing to bring such applications as well as the stigma and other consequences that might arise from the appointment of a receiver or manager such as this being construed as a “default event” for the purposes of trust borrowings. It is noted that there other proceedings relating the trusts in question.
References:
- Toailoa v Eliu [2024] NZHC 1509
- Toailoa v Eliu [2024] NZHC 1621
- Charitable Trusts Act 1957, s 60
- Trusts Act 2019, s 138
Matters of Trust 
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