New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appointment/removal of trustee
  • 7 Sept 2023

    SOROKA v MEREDITH [2023] NZHC 2510

    Citation
    [2023] NZHC 2510
    Court
    High Court

    The applications were dismissed because (1) Mr Soroka lacked standing in his personal capacity to vary the Tomlin order as he was not a trustee and had been incorrectly named; (2) the reserved leave in the Tomlin order was limited to implementing the original settlement and did not authorize the broad amendments sought; and (3) the declarations sought were substantive final relief improperly pursued by interlocutory application rather than by originating proceedings under the Declaratory Judgments Act/Part 18. The court recorded that the liquidators accepted clause 25.1 likely removes FCTL as…