26 Oct 2012
PONNIAH AND KAHUKIWA V PALMER AND VAN DIJK COA CA405/2012
- Citation
- COA CA405/2012
- Court
- Court of Appeal
The appeal fails because the trustees did not unanimously delegate to the settlor/manager authority to grant a mortgage over trust property; clause 7(v) of the trust deed only permits delegation to implement decisions properly made by trustees and does not empower an agent to make core decisions to give security over trust property; consequently the caveats could not be maintained and estoppel cannot validate an ultra vires delegation.