New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Advisory trustees

Legal area

Court

22 May 2020

Application by Cottingham to appoint trustees [2020] NZHC 1094

Citation

[2020] NZHC 1094
Court

High Court

Section 51 jurisdiction was established because there were no valid trustees and the trust deed vested appointment power in a board that could no longer act; the Court therefore appointed Messrs Bish, Hoole and Meltzer as trustees as it was expedient and necessary to enable urgent remedial and regulatory action, and under s 49 appointed the applicants as advisory trustees because there was no disputatious background and the proposed advisory appointments would aid rather than impede administration.
19 Mar 2019

OLDFIELD v OLDFIELD [2019] NZHC 492

Citation

[2019] NZHC 492
Court

High Court

Removal of Mr Oldfield (and, given the parties' estrangement, Mrs Oldfield) was necessary because the trusteeship was deadlocked and the primary beneficiaries were being denied proper administration of the trust; the Court exercised its powers under s51 and inherent jurisdiction to remove the trustees and appointed New Zealand Guardian Trust as sole trustee, declined to appoint John or family advisory trustees, and directed the new trustee to take urgent steps to provide a home and financial advances to the applicant pending the substantive PRA/FPA hearing.