Praxis IFM Trustees (Nz) Ltd v Riva & Ors

Praxis IFM Trustees (Nz) Ltd v Riva & Ors

There is a serious issue to be tried regarding the validity of Mr Zimmer's appointment as protector. Damages are not an adequate remedy, and the balance of convenience favours granting an interim injunction to preserve certainty in trust administration until the matter can be heard inter partes.

Parties
Applicant: PRAXIS IFM TRUSTEES (NZ) LIMITED; Respondent: Adriano Riva; Respondent: Mr Zimmer; Respondent: Widow and three children of Adriano Riva
Jurisdiction
England and Wales
Judgment Date
20 November 2019
Procedural Posture
Trust Dispute / Ex Parte Interim Injunction
Outcome
interim injunction granted
Legal Topics
Appointment of Protector, Interim Injunction, Discretionary Trusts, Personal Representative Interpretation
Trusts Probate Appointment of Protector Interim Injunction Discretionary Trusts Personal Representative Interpretation

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Parties

PRAXIS IFM TRUSTEES (NZ) LIMITED

Applicant

Adriano Riva

Respondent

Mr Zimmer

Respondent

Widow and three children of Adriano Riva

Respondent

Procedural Posture

Trust Dispute / Ex Parte Interim Injunction

Legal Issues

  1. 1 Whether Mr Zimmer was validly appointed as replacement protector under the trust deeds
  2. 2 Interpretation of 'executor, administrator or personal representative' in the context of foreign law
  3. 3 Whether the trustee should be restrained from removal by Mr Zimmer

Ratio Decidendi

There is a serious issue to be tried regarding the validity of Mr Zimmer's appointment as protector. Damages are not an adequate remedy, and 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 restrained from acting as protector and from removing the present trustee for seven days
  • Order made in accordance with draft discussed with counsel