New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appointment of new trustee
  • 17 Mar 2017

    ST CLAIR v WRIGHT [2017] NZHC 494

    Citation
    [2017] NZHC 494
    Court
    High Court

    Defendant was removed because he persistently failed to provide proper accounts, used estate funds for personal expenses, intermingled funds, neglected duties (including unpaid levies and unexplained deductions), preferred one beneficiary over another and obstructed oversight, such that removal and appointment of a neutral executor was expedient to protect beneficiaries; costs ordered personally against him.

  • 11 Dec 2014

    LITTLE v LITTLE [2014] NZHC 3159

    Citation
    [2014] NZHC 3159
    Court
    High Court

    Mr Little was removed as trustee because he acted unilaterally in disposing of a trust asset and directing proceeds to a personal account, failed to keep or provide trust and company records, mixed company/trust funds with personal accounts, and misrepresented board approvals, demonstrating an inability to perform trustee duties; Mrs Little was also removed because the trust deed required at least two trustees and the parties' estrangement made her retention as sole trustee inappropriate; Howick Trustee DL Limited was appointed sole trustee and Mr Little was ordered to pay Mrs Little's costs…