14 Sept 2021
O’DEA v RUTTEN, [2021] NZHC 2407
- Citation
- [2021] NZHC 2407
- Court
- High Court
The Court approved the trustee's proposed conduct and settlement because the group of beneficiaries was closed, all beneficiaries were sui juris and had given fully informed consent (including independent advice), and therefore the beneficiaries were entitled to implement the agreed winding up and distribution, notwithstanding concerns about prior payments; the Court will not obstruct a unanimous, informed settlement that avoids unnecessary litigation.