6 Jul 2021
JEW v WETHERELL [2021] NZHC 1657
- Citation
- [2021] NZHC 1657
- Court
- High Court
The Court dismissed the strike out application because the Deed of Settlement did not cover the post‑settlement applications to remove trustees; the pleaded particulars (pre‑settlement conduct) are relevant to the statutory expediency assessment under Trustee Act s 51 and Henderson v Henderson immunity did not apply as the issues now relied upon were not previously adjudicated or the subject of the settlement.