9 Dec 2022
Removal of the existing trustees was warranted because longstanding estrangement and unilaterally made decisions by a co-trustee had frustrated the proper execution of the Trust and risked prejudice to beneficiaries; consequently all three existing trustees were removed and two independent, suitably qualified replacement trustees were appointed to restore proper administration.
19 Mar 2019
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.
29 Jan 2019
The Court accepted uncontradicted medical evidence that Albert Pointon is incapacitated by stroke, granted leave to proceed by originating application, dispensed with service because all interested parties were before the Court, removed Albert Pointon as trustee and executor, appointed the three applicants as trustees in substitution, and ordered vesting of the relevant properties in the new trustees to effect the appointments.
15 Aug 2017
Because the applicants faced real and significant conflicts of interest and potential personal exposure that risked prejudicing the interests and proper administration for beneficiaries, it was expedient under s 21 Administration Act 1969 and appropriate under s 51 Trustee Act 1956 to remove the executors and discharge the trustees and to appoint the Public Trust as replacement executor and trustee; appointment could not practicably be achieved without court assistance.
30 Aug 2010
On the material before the Court the existing co-trustees were shown to be indifferent or unwilling to perform their duties, making it expedient under s51 Trustee Act 1956 and impracticable to effect replacement without court assistance; accordingly the Court appointed two independent, consenting professionals as replacement trustees.