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Erceg

This tag is associated with 4 posts

Disclosure request declined – 24 years a leap too far for a beneficiary who had already received 25%

This blog should be read together with the subsequent Court of Appeal decision.  See Rights to information prevail. As noted by Woolford J in para [1] Addleman v Lambie Trustee Limited relates to “an unfortunate dispute between sisters as to what level of disclosure is appropriate for the affairs of the Lambie Trust (the Trust)…” … Continue reading

Erceg Appeal dismissed – exceptional circumstances not to disclose

What information can a discretionary beneficiary of a trust request from the trustees? If the beneficiary has been bankrupted, does that mean they no longer have personal rights to request information? The Supreme Court has now expressed its view on these issues and has upheld the earlier Court of Appeal decision. However, the Supreme Court’s judgment … Continue reading

Erceg leave to appeal allowed

The Supreme court has granted leave to appeal the Court of Appeal decision in Erceg v Erceg, see A step back for beneficiaries or a nil all draw? The approved question is “Should the conclusion that disclosure not be made/required be set-aside?” References: Erceg v Erceg [2016] NZSC 69  

A step back for beneficiaries or a nil all draw?

The Court of Appeal decision in Erceg v Erceg has provided the Court of Appeal’s view of the correct approach to the disclosure of trust information to beneficiaries.  Prior to this Court of Appeal decision in Erceg v Erceg it was settled law in  New Zealand that beneficiaries had a rebuttable right to trust information pursuant to the … Continue reading

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