ad1150b0-93e5-46f7-a9b3-7ef25e230c5e.pdf

ad1150b0-93e5-46f7-a9b3-7ef25e230c5e.pdf

The Court concluded the proposed clauses authorising trustees to indemnify themselves and to purchase trustee liability insurance paid from trust funds would facilitate administration and the Trust's charitable purposes, align with the Trusts Act 2019 and established practice, and are therefore approved under s53 of the Charitable Trusts Act 1957.

Citation
openlaw-885523ec_694a_4b80_8009_b59f17e5c0d5.pdf
Parties
Applicant/trustee: Cornwall Park Trust Board; Objector: Darryl Clarke; Interested Party: Attorney-General
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 November 2022
Procedural Posture
Application Under Charitable Trusts Act 1957 / Variation of Trust Deed / Final Judgment (application Heard 19 Oct 2022; Judgment Delivered 4 Nov 2022)
Outcome
Application granted
Legal Topics
Variation of Trust Deed, Trustee Indemnity, Trustee Liability Insurance, Court Approval Under S53 Charitable Trusts Act, Application of S33 Charitable Trusts Act and S81 Trusts Act 2019
Charitable Trusts Trusts Insurance Law Directors and Officers Liability Equity Variation of Trust Deed Trustee Indemnity Trustee Liability Insurance +2 more

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Parties

Cornwall Park Trust Board

Applicant/trustee

Darryl Clarke

Objector

Attorney-General

Interested Party

Procedural Posture

Application Under Charitable Trusts Act 1957 / Variation of Trust Deed / Final Judgment (application Heard 19 Oct 2022; Judgment Delivered 4 Nov 2022)

Legal Issues

  1. 1 Whether proposed amendments to the 1901 Trust Deed would facilitate the administration of the Cornwall Park Trust and the carrying out of its charitable purposes
  2. 2 Whether the trustees can be authorised to indemnify themselves and to have trustee liability insurance paid from trust funds
  3. 3 Whether opposition grounds justify withholding court approval

Ratio Decidendi

The Court concluded the proposed clauses authorising trustees to indemnify themselves and to purchase trustee liability insurance paid from trust funds would facilitate administration and the Trust's charitable purposes, align with the Trusts Act 2019 and established practice, and are therefore approved under s53 of the Charitable Trusts Act 1957.

Court Disposition

Application granted

Orders

  • Order pursuant to s53 of the Charitable Trusts Act 1957 approving amendment of the Declaration of Trust dated 10 June 1901 by insertion of the proposed clauses enabling trustees to indemnify themselves and to obtain trustee liability insurance (as set out in the originating application)