POWELL & GAVIN AS TRUSTEES OF THE BELFAST COMMUNITY TRUST v ROUNTREE & POWELL AS TRUSTEES OF THE BELFAST COMMUNITY TRUST [2016] NZHC 310

POWELL & GAVIN AS TRUSTEES OF THE BELFAST COMMUNITY TRUST v ROUNTREE & POWELL AS TRUSTEES OF THE BELFAST COMMUNITY TRUST [2016] NZHC 310

The Court, exercising its supervisory jurisdiction over trusts and having regard to the Attorney-General's approval, approved the parties' consent settlement providing for appointment of Perpetual Guardian Trust in place of the defendants, fixed the agreed costs and directed that the file be closed upon formal...

Source-derived case information.

Citation
[2016] NZHC 310
Parties
Plaintiffs: John William Powell and Charlotte Teresa Gavin as Trustees of the Belfast Community Trust; Defendants: Mark James Leicester Rountree and Hayley Kim Powell as Trustees of the Belfast Community Trust; Interested Party: Attorney-General
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 February 2016
Procedural Posture
Trusts Application for Removal and Appointment of Trustees and Approval of Settlement / Consent Settlement Approval; Proceedings to Be Discontinued Upon Execution of Settlement
Outcome
Settlement approved; proceedings to be discontinued upon execution of settlement; new trustee to be appointed and costs fixed.
Legal Topics
Removal of Trustees, Appointment of Institutional Trustee, Settlement Approval, Court Supervisory Jurisdiction Over Trusts, Costs
Trusts Civil Procedure Charities Law Removal of Trustees Appointment of Institutional Trustee Settlement Approval Court Supervisory Jurisdiction Over Trusts Costs

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Parties

John William Powell and Charlotte Teresa Gavin as Trustees of the Belfast Community Trust

Plaintiffs

Mark James Leicester Rountree and Hayley Kim Powell as Trustees of the Belfast Community Trust

Defendants

Attorney-General

Interested Party

Procedural Posture

Trusts Application for Removal and Appointment of Trustees and Approval of Settlement / Consent Settlement Approval; Proceedings to Be Discontinued Upon Execution of Settlement

Legal Issues

  1. 1 Whether the Court should approve the proposed settlement under its supervisory jurisdiction over trusts
  2. 2 Whether Perpetual Guardian Trust should be appointed in place of the defendants as trustees
  3. 3 Whether the agreed costs and disbursements should be fixed and paid and the procedure for discontinuance

Ratio Decidendi

The Court, exercising its supervisory jurisdiction over trusts and having regard to the Attorney-General's approval, approved the parties' consent settlement providing for appointment of Perpetual Guardian Trust in place of the defendants, fixed the agreed costs and directed that the file be closed upon formal discontinuance after settlement execution.

Court Disposition

Settlement approved; proceedings to be discontinued upon execution of settlement; new trustee to be appointed and costs fixed.

Orders

  • Settlement approved as recorded in counsel's joint memorandum dated 23 February 2016 and filed on 24 February 2016
  • The Belfast Community Trust is to pay to the plaintiffs on account of costs and disbursements $8,768 and to the defendants on account of costs $4,460