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The background to Guy v Guy is an application for an interim injunction in circumstances where: a caveat lodged on the title to a trust property was lapsed following receipt of an undertaking by the trustees to retain defined “net proceeds” from the sale of the property pending resolution of trust disputes subsequently the trustees … Continue reading
The background to Taranaki Community Accountability Society Inc v Ussher is an unsuccessful application for an interim injunction and a prospective costs order. The applicant had sought to restrain the trustees of the Toi Foundation (the Foundation) from voting on a proposed sale of shares in TSB Bank and requiring the Foundation to apply for … Continue reading
Aaron Adams Trustee Ltd v Jones relates to an application for blessing order to distribute the assets of a substantial discretionary trust for the benefit of persons and charities who were not previously named as beneficiaries of the trust. By way of background: Aaron Adams was seriously disabled following an overseas motor vehicle accident Compensation … Continue reading
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 Gatfield v Hinton [2026] NZSC 60 … Continue reading
The Court of Appeal decision in Gatfield v Hinton represents an important waypoint regarding the ADR provisions of the Trusts Act 2019. The decision traverses a range of matters including: whether ADR can be sought by way of an interlocutory application where there are existing proceedings on foot (the answer is yes) the authority of … Continue reading
In the matter of the Helsef Family Trust ) (the Trust) the trustees sought the assistance of the High Court to rectify the terms of the Trust to complete the definition of final beneficiaries, which had been left incomplete in error. As noted at [9] and [10]: [9] Where there has been a mistake in … Continue reading
It is common for appointment as a final beneficiary to be considered a higher ranking appointment than a disretionary beneficiary. However, what does it really mean to be a final beneficiary? Fundamentally, this might often be no more than the right to receive all or part of the remaining trust assets (if any) when the … Continue reading
V Trustees Limited (the Trustee) was concerned to protect the position of C who was the beneficiary of a trust much diminished due to the actions of her litigious brother, A, whose conduct had caused substantial losses with “no signs of the attacks abating.” The matter came before the Jersey Royal Court on an application … Continue reading
An undischarged bankrupt can only be appointed as a trustee with court consent. In an Application by Peter-Richard Prescott for appointment as a trustee the Court considers an application by a trust’s “Principal Family Member” who holds the power of appointment and wishes to appoint himself as a trustee notwithstanding that he is an undischarged … Continue reading
Kermit the frog sang “It’s not easy being green.” It’s not always that easy being a beneficiary either. The Sesame Workshop advises that the song is about “… knowing who you are, realizing your own worth and dignity, and becoming more content and comfortable within yourself.” Whether this will help any beneficiaries of discretionary trusts … Continue reading
