16 Apr 2018
TRAINER & ANOR v LEAKE & ORS [2018] NZHC 682
- Citation
- [2018] NZHC 682
- Court
- High Court
On proper construction the overseeing pastor must be a pastor with oversight and control; Trainer ceased to be overseeing pastor when he resigned as pastor in 2007 and Leake is the pastor and overseeing pastor; the 2016 deeds purporting to appoint Trainer and to remove Leake and appoint Rawcliffe are invalid; payments to Trainer were either permitted by the trust deed or effectively authorised by the continuing trustee and beneficiaries so there is no tenable cause of action to recover them and, alternatively, any claim is time barred.