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The Supreme Court has denied leave to appeal the Court of Appeal judgment in Gatfield v Hinton, that upheld a High Court decision ordering tethered mediation and arbitration. For background see May and New is not a reason not to. As noted by the Supreme Court at [9]: References
“Protectors,” although are not a common feature of New Zealand trusts, they are not entirely unheard of. While there is no barrier to the appointment of a protector the term protector is not defined in the Trusts Act 2019. The role of the protector developed in offshore jurisdictions where it was more common for the … Continue reading
In Public Trust v McSaveney the death certificate refers to “Dementia Years.” That might be considered dispositive of an application for probate in solemn form where the will-maker died less than 18 months after her final will. Becroft J’s decision warrants careful consideration as she traverses the cost benefit analysis of medical assessment and experts … Continue reading
The Supreme Court has granted leave to appeal the Court of Appeal decision in RH & JY Trust v WorkSafe New Zealand. The approved question is “…whether a trust and/or the trustees of a trust acting collectively is a “person” within the meaning of s 16 of the Health and Safety at Work Act 2015? … Continue reading
