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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
In Jongeneel v Schaake Powell J traverses the parameters of deadlock that would support the Court exercising powers to remove existing trustees and appoint a replacement trustee pursuant to sections 112 and 114 of the Trusts Act 2019, By way of background Ms Jongeneel and Mr Schaake settled the J A G and A J … Continue reading
The key facts of Tata v Abrams are set out in [2] of the judgment as follows: … Donna and Reginald’s mother, Violet Tata (Violet), passed away on 19 March 2008. Donna was one of two executors appointed under Violet’s Will. The other executor, Ms Judy Kaka, passed away in 2016. Donna assumed responsibility for … Continue reading
Wallace v Wallace relates to a decision of the trustees of the Ione Wallace Trust (the Trust) to bring forward the Trust’s vesting date. As set out at [4]: “The trustees wish to bring forward the vesting date and distribute the funds they currently hold to the six final beneficiaries named in the Trust. One … 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
Kain v Public Trust relates to an application for disclosure of a deed that brought forward the distribution date of the Te Mata Property Trust (the Trust). This deed distributed the entirety of the Trust’s assets and had the effect of terminating certain beneficial interests. The background of the matter is set out in [4] … Continue reading
The introduction to the interim judgment in Jin v Luo at [3] sets the scene for the 489 paragraph judgment as follows: By way of background Jin v Luo relates to a break down in a business relationship that was complicated by the lack of documentation regarding the purchase of a number of properties. 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
Testamentary trusts are not uncommon. However, trusts deriving from wills are not generally drafted in “conventional” form. This practical reality can lead to unintended administrative hurdles. Re McKay addresses this from a practical construct. By way of background, as noted at [2]: As set out at [9]: It is suggested that the reasoning of the … Continue reading
Matters of Trust 