8 Mar 2019
RICHARD BENJAMIN SUMMERLEE v POOL & ORS [2019] NZHC 387 .
- Citation
- [2019] NZHC 387
- Court
- High Court
The Court found the testamentary trust was validly created and acted upon by the named trustees; the plaintiffs satisfied the elements of Saunders v Vautier and therefore had the right to call for distribution; Mr Pool advanced no viable defence on the material filed and summary judgment was appropriate; Mr Pool was removed as trustee, The New Zealand Guardian Trust Company Ltd was appointed as replacement trustee and all trust property was vested in the continuing trustees; costs were awarded personally against Mr Pool on a 2B basis.