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Triple A Trustees Limited relates to a practical aspect of trusteeship, which is, the transfer of assets from one trustee to another without subsequent liability arising from doing so. The Triple A Trust (the Trust) is a foreign trust with a New Zealand resident trustee. Parties associated with the Trust were subject to United Kingdom … Continue reading
The Court of Appeal decision in Biggs v Biggs highlights the cost of litigation, whether on the side of the angels or otherwise. In this case the wife has incurred costs to date in excess of $1 million, which her evidence is, that she cannot pay. The husband’s costs are half that of the wife. … Continue reading
Beyoncé instructs in Single Ladies (Put a Ring On It) the importance of not relying on assumptions or expectations. The same might be said in Sutherland v Lane, the background of which is set out at [1] of the judgment as follows: “Michelle Sutherland had a close relationship with her uncle by marriage, the late … Continue reading
MacIntosh v Thomas relates to the administration of an estate where there has been considerable disharmony between the beneficiaries and the trustees in circumstances where the court has acknowledged that the trustees have displayed “displayed considerable patience, forbearance and professionalism in dealing with the behaviour of the [beneficiaries] …” The decision is largely fact-specific. However, usefully … Continue reading
In Butterfield v Sundberg the applicant seeks directions under s 66 of the Trustee Act 1956 to be commenced by way of originating application pursuant to Part 19 of the High Court Rules to allow the final distribution of the trust estate’s modest assets. The grounds for the application are set out at [15] as follows: … Continue reading
Stafford v Accident Compensation Corporation explores the limits to proprietary claims that will support a caveat. The facts of the matter are complex. However, the key points are as follows: the claim is founded on the Supreme Court decision Proprietors of Wakatū v Attorney-General, which is summarised as follows in Stafford: [5] In 1839, William Wakefield … Continue reading
Given the new presumption in the Trusts Act 2019 that, with effect from 30 January 2021, trustees will give basic trust information to every beneficiary, it can be presumed that many trustees will be looking to cull trust beneficiaries to ensure trusts comply with the settlor or settlors’ intentions, whether or not these are expressed … Continue reading
Geneva Trust Company v Tchenguiz is one of many judgments of the Jersey Royal Court that relate to the Tchenguiz Trusts. In this case the Geneva Trust Company (Geneva) sought reimbursement of costs it incurred defending proceedings brought against it in the English High Court. A brief history of the matter is set out in the … Continue reading
Daisley v Ark Contractors Limited relates to a commercial venture that came into fruition over a decade ago. The venture involved transfer of properties owned by the first (Daisley) and second (SDD Limited) plaintiffs, which were about to be sold at mortgagee auction. The Kellers (the second defendants) contributed capital and setting up the first … Continue reading
But it is still property! The High Court decision in Ruscoe v Cryptopia Limited (In Liquidation) concerning an application for directions by the liquidators of a cryptocurrency trading exchange online platform, builds on concepts of property explored in Clayton v Clayton. By way of background, Cryptopia Limited (Cryptopia) was placed in liquidation in May 2019 by its … Continue reading
Matters of Trust 