19 Nov 2020
PERCY v PERCY [2020] NZHC 3537
- Citation
- [2020] NZHC 3537
- Court
- High Court
The Court ordered joinder of the newly appointed trustees because their presence was necessary to adjudicate and settle all questions about removal and appointment of trustees and the administration of the trust since they assumed office in June 2020; the Court refused the applicants' request for separate pre-trial determination of the two preliminary questions because the issues were factually contested, required full evidence and cross-examination, posed significant risks of delay, duplication, appeal and estoppel, and were better resolved at the substantive trial.