6 Jun 2017
MCCALLUM v MCCALLUM [2017] NZHC 1218
- Citation
- [2017] NZHC 1218
- Court
- High Court
The Court removed the defendant as trustee because unchallenged evidence established he was unfit to act (refusal to participate, inability to make sensible decisions, conflation of personal interest and trustee duties), and removal was necessary for the welfare of beneficiaries and protection of trust property; the Court declined to declare that the trust deed vested the settlor with a power to remove trustees or to use inherent jurisdiction to vary the deed to create such a power because the deed unambiguously confined the settlor to appointment powers and the inherent jurisdiction cannot b…