New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Membership dispute

Legal area

Court

14 Jul 2022

HARVEY v LAURA FERGUSSON TRUST INCORPORATED [2022] NZHC 1661

Citation

[2022] NZHC 1661
Court

High Court

The Court ordered limited particular discovery because documents relating to the wider set of declined applicants who completed the questionnaire were relevant to the pleaded allegation of an overarching strategy; the applicants narrowed their request to 79 questionnaire-completed applicants which made discovery proportionate; privacy concerns must be managed by requiring written consent from each applicant before their documents are released; discovery must be completed within 40 working days; costs reserved.
10 Dec 2013

TILAIMA & ORS v CONGREGATIONAL CHRISTIAN CHURCH OF SAMOA (WESTMERE) TRUST BOARD [2013] NZHC 3272 ]

Citation

[2013] NZHC 3272
Court

High Court

After considering seven years of dispute, failed reconciliation efforts, reports of the Public Trustee and the deep, entrenched distrust between the two factions, the Court concluded that reconciliation was unlikely and that, as a last resort, it is just and equitable to wind up the Trust Board and divide the trust assets; however formal liquidation was adjourned to allow compliance with Companies Act formalities and appointment consents, and interim orders for use and management were made.