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Phillips v Heremaia relates to two sisters engaged in litigation with respect to their father’s estate. Although the matter settled at a judicial settlement conference not agreement was reached with respect to costs, which are the subject of this judgment. The following at [3] and [4] sets the tone for the decision: Rule 15.23 of the … Continue reading
The liquidation of Cryptopia Limited, which rana cryptocurrency exchange, is complex and involves “… complex arrangements regarding around 370 functioning cryptocurrencies owned by some 960,000 holders of accounts with positive balances in around 180 countries.” Cryptocurrency is property that can be held by a trust. See Can’t see it, cant’s touch it, can’t explain it. … Continue reading
The most recent decision in the long-running Lambie Trustee Limited v Addleman relates to costs on account of a judgment of the Supreme Court delivered in 1 June 2021. In that judgment as noted in the case in hand at [1] “.. with one clarification, the Courtdismissed an appeal brought by Lambie Trustee Ltd (LTL). … Continue reading
Ball v Saint relates to an application for leave to apply for security for costs. The plaintiffs in the main proceedings seek probate in solemn form of the deceased’s final will. The first defendant alleges that the final will is invalid on the grounds of a lack of testamentary capacity and or undue influence. The … Continue reading
The background to Legler v Formannoij is set out in No fraud here. For practical purposes the relevant background is canvassed at [24] as follows: Fundamentally Legler v Formannoij considers whether the appointment of a corporate trustee of which a beneficiary is the sole director is improper. This question needs to be considered in light … Continue reading
The background to FFP Trustee (NZ) Limited v Peng is complicated. There are two applications before the courts, on relating to a restructuring proposal and the other relating to forfeiture of certain trust assets and directions regarding service. By way of background: TFFP sought leave to commence the current application by way of originating application. … Continue reading
McGuire v Earl is a successful application for the following trust information: statements of accounts copies of all Minutes and Resolutions any documents pertaining to any distributions all documents pertaining to any gifting or debt incurred, and bank statements for all bank accounts. The trust in question was settled by Mr McGuire’s father and Mr … Continue reading
The background to Hamilton v Kirwan can be set out as follows: A 58.9450 hectare block of rural land (the Property) was purchased in 1984 In December 1997 the Property owner’s daughter began living on the Property. In 2000 she built a dwelling on the Property part of which was funded by a $20,000 advance … Continue reading
The distinction between discovery and disclosure can appear esoteric and academic. However, as identified in Hoeberechts v Sprott each serves a different function, the purpose of which warrants the relevant reflection. The temptation, whichever is being sought is overreach. Importantly less truly can be more, and more, can result in so much less that forward propulsion … Continue reading
Bare trusts are not uncommon and can arise intentionally or otherwise, as well as by an express declaration of trust, whether written or oral. However, the nomenclature can extend to a range of circumstances where it is necessary to consider the nature of the trust and, if a bare trust, the bare trustee’s duties. In … Continue reading
Matters of Trust 