New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Construction of trust instrument

Legal area

Court

30 Aug 2021

VINCENT FAMILY CORPORATE TRUST LIMITED (as trustee of the ET and P VINCENT TRUSTS) [2021] NZHC 2250

Citation

[2021] NZHC 2250
Court

High Court

Beddoe orders were refused because (a) it would be contrary to trustee duties for the Applicant to act partisan between acknowledged beneficiaries and potential beneficiaries in the first cause of action and therefore indemnity would not be in the trusts' best interests, and (b) the second cause of action attacks the validity of the trustee's appointment and actions and has strong prospects for the claimant, so use of trust funds to defend that claim is inappropriate; costs reserved for further submissions.
6 Nov 2012

GOUGH V RAM CUSTODIAN LTD & ORS HC AK CIV-2011-404-006645

Citation

openlaw-1ce2fbd4_2334_4cd1_9c5d_2486afa15499.pdf
Court

High Court

The judge recalled the earlier judgment because he had not considered arguments about trustee appointment other than by deed; justice required recall to permit full consideration of those issues; the judge ordered a further hearing and case management directions while preserving the original construction conclusions and factual findings for the record.