BUCZOWSKI & ORS V ATTORNEY-GENERAL HC AK CIV-2010-404-002966

BUCZOWSKI & ORS V ATTORNEY-GENERAL HC AK CIV-2010-404-002966

Lang J held the application should be decided under s64(1) Trustee Act 1956 because the trustees lacked express power in the Deed to effect the practical changes sought; the proposed amendments were expedient in the management and administration of the trust property and in the best interests of the income...

Source-derived case information.

Citation
openlaw-70d962d8_fcd1_4c04_99cb_184cd31fd53f.pdf
Parties
Applicant/trustee: Michael Joseph Buczowski; Applicant/trustee: William Cairns; Applicant/trustee: James Albert Carmichael; Applicant/trustee: Warren James Kyd; Applicant/trustee: Karen Annette Sherry; Respondent: Attorney-General
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 September 2010
Procedural Posture
Application to Vary Trust Deed Under Trustee Act 1956 S64 / High Court Decision on Application
Outcome
Order granted
Legal Topics
Variation of Trust Deed, Trustee Powers Under S64 Trustee Act 1956, Distribution of Trust Income, Beneficiary Interests
Trusts Equity Administrative Law Variation of Trust Deed Trustee Powers Under S64 Trustee Act 1956 Distribution of Trust Income Beneficiary Interests

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Parties

Michael Joseph Buczowski

Applicant/trustee

William Cairns

Applicant/trustee

James Albert Carmichael

Applicant/trustee

Warren James Kyd

Applicant/trustee

Karen Annette Sherry

Applicant/trustee

Attorney-General

Respondent

Procedural Posture

Application to Vary Trust Deed Under Trustee Act 1956 S64 / High Court Decision on Application

Legal Issues

  1. 1 Whether the Court should authorise amendments to the Trust Deed to relax the 12 month distribution requirement
  2. 2 Whether trustees may make payments to bank accounts not in the name of the consumer or pay for the benefit of consumers
  3. 3 Whether the appropriate statutory power is s64(1) or s66 of the Trustee Act 1956 (or clause 13.1 of the Deed)

Ratio Decidendi

Lang J held the application should be decided under s64(1) Trustee Act 1956 because the trustees lacked express power in the Deed to effect the practical changes sought; the proposed amendments were expedient in the management and administration of the trust property and in the best interests of the income beneficiaries; all interested parties were represented or had no objection; accordingly the Court authorised the amendments in Appendix B under s64(1).

Court Disposition

Order granted

Orders

  • Order under s64(1) of the Trustee Act 1956 authorising amendment of the Deed of Trust in the manner set out in Appendix B to the judgment