27 Mar 2019
CDT 12 LIMITED v MILLAR [2019] NZHC 606
- Citation
- [2019] 2 NZLR 888
- Court
- High Court
Given the practical deadlock, allegations of misconduct by a trustee, refusal to cooperate and the impracticability of rectifying the trusteeship without court intervention, it was expedient and appropriate under s 51 to appoint New Zealand Guardian Trust as sole trustee and under s 52 and the Court's inherent jurisdiction to vest the trust assets in NZGT; statutory uncertainty about the meaning of 'individuals' in ss 43 and 45 did not preclude relief and did not prevent the exercise of the Court's powers to regularise the trust.