The case of Clark and Gauld as Trustees of the Angletree Trust involves the application of s.52 of the Trustee Act 1956 where a corporate trustee that is the legal owner of trust property has been struck off. Where s 52 applies the court can order that the property in question is transferred to the new trustee. See When Corporate Trustees Go Bad.
The Angletree Trust case is also useful as authority for the proposition that when a trust incurs costs due to the action or inaction of the director of a corporate trustee, that director can be liable for the trust’s costs.
Hi do you have a citation you can give me for the Angletree Trust decision? I dont seem to be able to find it in the usual case databases. Appreciate any guidance you can give me. Thanks
REWA STANLEY CLARK AND BRIAN JAMES GAULD AS TRUSTEES OF THE ANGLETREE TRUST
CIV 2011-404-5445
[2012] NZHC 426