26 Jul 2013
THURSTON v THURSTON [2013] NZHC 1886
- Citation
- [2013] NZHC 1886
- Court
- High Court
Section 51 did not apply because no new trustee appointment was sought; exercising the Court's inherent jurisdiction, the Court found Mrs Thurston breached her duty by authorising substantial, capital‑consuming works to a trust asset from which she solely benefits without trustee approval and without regard to Group B beneficiaries, and Mr Goodwin was too closely aligned with her interests (including unusual advice to expedite distributions) to act impartially; those failures endangered proper execution of the trust and justified removal of both as trustees.