19 Nov 2019
Heath J had already directed that reasonable costs and disbursements incurred by the trustees be paid from the trust; Powell J found no evidence to show the trustees' claimed legal costs were unreasonable and therefore directed that, if unpaid, those legal costs and disbursements be paid out of the trust funds.
19 Jul 2017
Because the defendant was shown by medical evidence to lack capacity and had been validly removed as trustee under s43(1), the Court exercised its power under s52(1)(h) of the Trustee Act 1956 to vest the trust's half‑share of the property in the named trustees and dispensed with service; costs of the application were ordered to be paid from the trust funds.
5 Dec 2016
The court was satisfied it was proper to remove the defendant as trustee and to vest the title to the trust land in the remaining trustees; the question whether the settlor has power under the trust deed to remove trustees was unclear and is reserved; costs are to be met from the trust funds at this stage.
19 Dec 2014
Because the respondent was certified mentally incapable and removed as trustee, there were no other persons interested, the applicant's affidavit complied with High Court Rules, and the statutory criteria under s 52 Trustee Act 1956 were met to enable completion of the contracted sale, the Court was justified in dispensing with service and making the vesting order and ordering costs to be met from the trust funds.
28 Mar 2013
The Court declined to require personal undertakings and refused to impose undertakings as a precondition; granted consent interim relief preventing trustees from considering agenda items on which permanent Maori appointor trustees are conflicted until a substantive judgment on alternate trustees or agreement between FOMA and the Maori Council; made confidentiality orders for affidavits and restricted access to the court file; authorised that reasonable costs of the applicants and respondent trustees may be met from Trust funds under s 71; and set a timetable for amended pleadings and a direct…