17 Jan 2019
Triezenberg and Mason [2019] NZHC 14
- Citation
- (2019) 5 NZTR 29
- Court
- High Court
The 11 March 2018 deeds were invalid. Neither plaintiff manifested the clear, unambiguous 'desire to be discharged' required for s43 to operate; the trust deeds vested appointment/removal powers jointly such that Mr Mason did not possess a sole power to remove and appoint trustees; clause 15 did not constitute an arbitration agreement ousting court jurisdiction; exercising its supervisory jurisdiction and s51 powers the Court removed Alexander Charles Mason and Wendy Anne Mason as trustees for reasons related to welfare of beneficiaries, trustee dysfunction and incapacity, and retained Vicki…