This category contains 6 posts

Equitable lien: support for a caveat

The background of this matter is set out at [1], [2], [3] and [4] of the High Court judgment as follows: [1] The plaintiff, Camray Farms Ltd (Camray), and the second defendant, the Gordon Moore Trust (GMT), each claim priority to the proceeds of sale of properties in Ohaupo known as the Neighbouring Property and … Continue reading

Fleshing out bare trusts

A bare trust arises where property is held by a person (the trustee) only for the purposes to hold until transferred in accordance with the beneficiary’s directions. Bare trusts can be a commercial convenience, but can also effect a remedy in circumstances when property might otherwise be lost due to the fungible nature of the … Continue reading

Directors pinged trustees “safe”

However, as the directors and trustees are one and the same, perhaps a difficult pill to swallow nevertheless.  The case of Owens v Shaw is a little hard to make sense of given that the trustees of a trading trust, also traded through a company (on behalf of the trust) on account of one supplier who … Continue reading

Court appoints receiver to trust

In Bank of New Zealand v Rowley and Skinner [2012] NZHC 2835 the High Court determined that it could have the jurisdiction to liquidate a trust.  See Liquidation of trusts – more clever ways to winkle assets from trusts for the background facts. The matter has now been reconsidered, following service of the judgment referred to … Continue reading

Trustee liability up-date regarding voidable transactions

The Matters of Trust report on Rea and Sargison v Russell has been updated to note the liquidators’ succesful appeal.  See Rea and Sargison v Russell – trustee liability in the context of voidable transactions.

Trustee ahead (for now) in the recent decision

A trustee has come out on top against liquidators when the liquidators attempted to recover payments relating to investments made without that trustee’s knowlege.  However, whether the beneficiaries will be as sanguine about matters as the court is not clear. See https://mattersoftrust.wordpress.com/trust-law-update/rea-and-sargison-v-russell-trustee-liability-in-the-context-of-voidable-transactions/