28 Apr 2014
SEUMANU TILAIMA & ORS v CONGREGATIONAL CHRISTIAN CHURCH OF SAMOA (WESTMERE) TRUST BOARD [2014] NZHC 835
- Citation
- [2014] NZHC 835
- Court
- High Court
After finding the two groups irreconcilable and that the Trust Board was dysfunctional, the Court held it was just and equitable to wind up the Congregational Christian Church of Samoa (Westmere) Trust Board; s27 Charitable Trusts Act governs distribution (not s313 Companies Act), the Constitution's reference to 'the Church' is best read as the Westmere Church for clause 11 purposes, the Court directed equal division of surplus assets between the two groups subject to each establishing a charitable trust with objects consistent with the original objects, appointed David John Ross as liquidato…