5 Aug 2021
Summary judgment is refused because the defendants advanced an arguable promissory estoppel defence founded on the trustees' decision to convert an intended outright distribution into a loan for relationship property reasons; that conversion gave rise to a plausible representation, reliance and detriment such that the claim cannot be determined summarily.
1 Dec 2014
The court held that Graeme breached clause 7.3 of the David Hodge Trust by participating in and signing the resolution that approved a capital distribution to himself, and that Graeme and Ms De La Rue breached clause 7.1 of the Kite Family Trust by failing to provide David with the opportunity to vote or express his opinion on the proposed capital distribution; accordingly declarations of breach were made and all present trustees were removed with the Public Trust appointed as sole trustee of the four trusts.