19 Sept 2012
JASPERS v GREENWOOD & JASPERS HC WN CIV 2012-485-1772
- Citation
- openlaw-24d584c8_8922_4605_a2d4_6a0fe8dc0892.pdf
- Court
- High Court
S68 did not apply because the trustee's duty to sell derived from the High Court consent orders (s66 direction) rather than from the Trustee Act; even if s68 applied the applicant bore the onus to demonstrate ultra vires action, bad faith, irrelevant consideration or Wednesbury unreasonableness; the trustee's decision to prefer open-market sale and to reject off-market proposals by a beneficiary was within the range of reasonable responses and not reviewable, so the application was dismissed.