New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Removal of trustee s112 trusts act 2019

Legal area

Court

2 May 2023

K v K [2023] NZHC 1020

Citation

[2023] NZHC 1020
Court

High Court

Because the respondent repeatedly failed to comply with court directions, failed to engage with the valuation and settlement process, and thereby unreasonably prolonged and complicated the proceedings while remaining in control of assets, the applicant was entitled to costs on a 2B basis for both Family Court and High Court work with a 50% uplift and disbursements; Family Court work to be assessed under Family Court Rules/District Court scale and High Court work under High Court Rules.
28 Nov 2022

K v K [2022] NZHC 3123

Citation

[2022] NZFLR 624
Court

High Court

The Trust was a nuptial settlement whose assets were acquired and used for the family; dissolution produced a material disparity disadvantaging Mrs K. On balance of factors (children's interests, source and nature of assets, duration of relationship, need and provision of a home) the Court should exercise its s182 discretion to resettle and divide the trust assets to minimise the adverse consequences to Mrs K and, separately, remove Mr K as trustee under s112 because his continued role risked impasse and prejudice to beneficiaries and the proper administration of the trust.