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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
Bundz v Anderson is a costs decision of Associate Judge Lester. The background of the matter, relates to a claim that was brought pursuant to the High Court’s inherent jurisdiction relating to an error made by one trustee of the LC Craighead Family Trust (the Trust), who mistakenly believed that a property in Timaru (the … Continue reading
Scott v Chamley relates to an application for the removal of trustees and the appointment of replacement trustees. In this case it was not disputed that the former trustees should be removed and replaced. The question for the Court related to the new trustee or trustees to be appointed. The key points can be summarised … Continue reading
Re Candida Trust provides practical guidance as to the scope of section 125 of the Trusts Act 2019 and the use of the High Court’s inherent jurisdiction to permit trustees to sign a new restated trust deed that incorporates varied terms. Background facts the Candida Trust (the Trust) will vest in the settlor’s children Stephanie, … Continue reading
Section 8 of the Trusts Act 2019 confirms the inherent jurisdiction of the High Court to supervise and intervene in the administration of a trust (except to the extent that the Trusts Act provides otherwise). Te Whanau Tupu Ngatahi O Aotearoa Playcentre Aotearoa relates to application for approval of changes to the a charitable trust incorporated … Continue reading
An Application by the Roman Catholic Bishop of the Diocese of Hamilton explores the question as to whether the Court has the power pursuant to its inherent jurisdiction to wind up a charitable trust (and by default the interplay between s 64 of the Trustee Act 1956 and s 33 of the Charitable Trusts Act 1957). … Continue reading
The proceedings in McLaughlin v McLaughlin relate to a dispute between the beneficiaries and trustees of the Ashley Trust (the Trust) and whether there should be an interim injunction to prevent the trustees from proceeding with the next stage of a development of trust property. By way of background see A little light on Beddoe … Continue reading
Fox v Fox relates to a claim by an executor of the estate of Mrs Fox who required the assistance of the Court to conclude the administration of the estate by selling land and distributing the proceeds of sale according to a will. The executor’s impediment to doing so was that two of the properties … Continue reading
