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Principles of tikanga and trust law are both inextricably linked with land ownership and benefit from land ownership. That said, care is required when equating tikanga principles with a generic concept of Pākehā law. Doney v Adlam provides a practical example of the tensions between Pākehā law and tikanga principles. The background to this case … 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
The Supreme Court has granted leave to appeal the majority decision of the Court of Appeal (see 2 to 1) allowing the appeal of the ground breaking decision of Gwyn J that held that a parent can owe fiduciary obligations that survive into adulthood and that property transferred in breach of this duty will be … 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 Privy Council has allowed the appeal in Grand View Private Trust Company Limited v Wong. By way of background, the former individual beneficiaries of a substantial private discretionary trust sought to a challenge the trustee’s decision to appoint the Wang Family Trust (a perpetual purpose trust) as a new beneficiary, and to then transfer … Continue reading
The reporting requirements for domestic trusts (and estates) that derive a small amount of income but have not (or cannot register as non-active pending an increase in the non-active limited introduced by the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Bill (No 2)) have been varied so that such trusts and estates … Continue reading
The Blackberry Family Settlement (the Trust) is governed by Jersey law. The matter came before the Royal Court of Jersey to establish the validity of a Deed of Retirement and Appointment of Trustees (the DoRA) that was no in accordance with the terms of the Trust, which specified who could appoint trustees in order of … Continue reading
Nadan v Sharma relates to an application for the removal of trustees and the appointment of an independent corporate trustee in circumstances where the trustees’ marriage has ended and the trustees are deadlocked. Of note is that prior to the application for removal was made following two arbitral awards in respect of the jointly settled … Continue reading
D and E Limited v A, B and C relates to the appeal of the High Court decision in A v D and E. See Breach of parental fiduciary duties. Simply put, the Court of Appeal (by a majority decision) allowed an appeal against the ground breaking decision of Gwyn J holding that a parent … Continue reading
Editor’s note: This bill was withdrawn on 1 September 2022. The bill was reintroduced as the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Bill (No 2) 164-1 (2022), Government Bill Contents – New Zealand Legislation on 8 September 2022 The remedial matters in the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial … Continue reading
Matters of Trust 