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Sometimes it can be convenient to lose sight of the obligations of a trustee due to the manner in which the trustee relationship is referred to or recorded. See Kirkpatrick v Burns[1] where the Court, having reviewed the obligations of bare trustees, said at [62] “Although consideration of whether the trustees are “bare trustees” may … Continue reading
In New Zealand Beddoe applications are governed in the first instance by the High Court Rules, which do not extend to prospective costs orders by beneficiaries. Representation of VG Trustee Limited re the B Trust (Re the B Trust) considers whether beneficiaries should have their costs met on account of a successful Beddoe application brought … Continue reading
Re Borthwick relates to an application by trustees to enter into a settlement agreement and to make the necessary variations of trust to effect the agreement. The background of the matter features a trust restructure that was challenged by a disaffected beneficiary. The application before the court calls upon the court’s supervisory capacity pursuant to section 124 … Continue reading
Smale v Lowe & Ors relates to an application for summary judgment for the repayment of loans between family trusts. As set out at [1] to [2]: A number of matters were put to the court by Mr Lowe who was not open to repayment of the debt owing to the Anzac Trustees. Are the deeds … Continue reading
The Trusts Act 2019 introduced a presumption that trustees will provide basic trust information to every beneficiary and will provide further information on request. Before doing so, trustees must consider the factors set out in section 53 of the Trusts Act. Importantly, there is a procedure in section 54 of the Trusts Act where no … Continue reading
McLauglin v McLauglin relates to claims regarding the management of a family trust and the cost consequences of the proceeds, which are significant. The background of the matter is summarised by French J, who delivered the Court of Appeal’s decision as follows: The trust that is the subject of these proceedings, the Ashely Trust (the … Continue reading
Dewart v Lal relates to an application for summary judgment to set aside a trustee resolution removing and appointing trustees of the Sanatan Dharam Trust (the Trust), a registered charity. The decision is fact specific, but nevertheless provides excellent guidance regarding the interpretation of powers of appointment and removal. When interpreting a trust deed, as … Continue reading
Connolly v Eckhout traverses the application of the little known Imprisonment for Debt Limitation Act 1908 to a person acting in a fiduciary capacity. By way of background: … Ms Eckhout did not pay the judgment sum. The High Court has limited powers to issue an arrest order where requirements that are largely drawn from … Continue reading
Cooper v Pinney is a second appeal and cross-appeal, by leave, from a decision of the Family Court that ascertained relationship and separate property following a relationship break down. At the heart of the matter was the treatment of a discretionary trust settled during the relationship to receive property by way of resettlement from a … Continue reading
The background to Duffy J’s 2022 decision in Addleman v Lambie Trustee Limited is set out at [1] and [5] as follows: For further background see It’s mine said the trustee, all mine and Disclosure request declined. The decision raises interesting procedural questions regarding the application for the appointment of a receiver when as noted … Continue reading
Matters of Trust 