Praxis IFM Trustees (Nz) Ltd v Riva & Ors [2019] EWHC 3321 (Ch) (20 November 2019)

Praxis IFM Trustees (Nz) Ltd v Riva & Ors [2019] EWHC 3321 (Ch) (20 November 2019)

There is a serious issue to be tried as to whether Mr Zimmer is a validly appointed protector. Damages are not an adequate remedy. The balance of convenience favours granting an interim injunction to preserve certainty in trust administration until the matter can be heard inter partes.

Source-derived case information.

Citation
[2019] EWHC 3321 (Ch)
Parties
Applicant: PRAXIS IFM TRUSTEES (NZ) LIMITED; Respondents: Adriano Riva & Ors
Jurisdiction
England and Wales
Judgment Date
20 November 2019
Procedural Posture
Trust Dispute / Ex Parte Interim Injunction Application
Outcome
Interim injunction granted
Legal Topics
Appointment of Protector, Interpretation of Trust Deed, Interim Injunction, Private International Law
Trusts Equity Appointment of Protector Interpretation of Trust Deed Interim Injunction Private International Law

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Parties

PRAXIS IFM TRUSTEES (NZ) LIMITED

Applicant

Adriano Riva & Ors

Respondents

Procedural Posture

Trust Dispute / Ex Parte Interim Injunction Application

Legal Issues

  1. 1 Whether Mr Zimmer has been validly appointed as protector under the trust deeds
  2. 2 Whether the applicant trustee is entitled to interim injunctive relief restraining Mr Zimmer from acting as protector and removing the trustee

Ratio Decidendi

There is a serious issue to be tried as to whether Mr Zimmer is a validly appointed protector. Damages are not an adequate remedy. The balance of convenience favours granting an interim injunction to preserve certainty in trust administration until the matter can be heard inter partes.

Court Disposition

Interim injunction granted

Orders

  • Mr Zimmer is restrained from acting as protector and from removing the present trustee for seven days or until further order.