New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Restoration of trust property

Legal area

Court

3 Feb 2012

SPENCER V SPENCER HC WN CIV-2001-485-000857

Citation

openlaw-5e1c57b1_e365_49cd_adda_aa6d59b2e3e2.pdf
Court

High Court

Because the trustees breached their duties by failing to make income payments, charging improper management fees and failing to recover trust debts, the Court required personal restoration by the first and second defendants of specified sums and awarded interest (5% post-2004; specified pre-2004 rates linked to the trust's borrowing) and costs; funds were ordered paid to the plaintiff's solicitors to be held on trust pending appointment of new trustees.
18 Nov 2005

G KAIN AND OTHERS V J R HUTTON AND ORS HC CHCH M198/00

Citation

openlaw-24b66747_856a_4a9a_b82f_991459b8c10a.pdf
Court

High Court

Ponui Station shares were restored to the old Mangaheia Trust because the appointment to Annette Couper occurred first in time and the deeds and surrounding circumstances establish intent excluding the shareholding from the later resettlement; plaintiffs failed to obtain an r418 order or seek formal separate determination of the damages inquiry and too late to recall sealed judgment so entry of judgment on that parked inquiry is not available; sealed judgment contained minor slips correctable under r12; defendant trustees (first, third and fourth) reasonably incurred legal costs in defending…