New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Saunders v vautier rule

Legal area

Court

24 Aug 2023

TELFORD v TELFORD [2023] NZHC 2331

Citation

[2023] NZHC 2331
Court

High Court

Applicants are the sole beneficiaries and hold immediate, indefeasible beneficial interests under the will; no future event must occur to vest their interests; s121 conditions are satisfied and trustees are obliged to terminate the trust and distribute the assets. Burns v Steel is distinguishable because it involved a contingent entitlement dependent on a pre-emption process.
21 Sept 2020

Auto Net v Tyler [2020] NZHC 2459

Citation

[2020] NZHC 2459
Court

High Court

Summary judgment was refused because genuine and material factual issues remain as to the terms of the trust established in 2009 (notably whether transfers required the consent of both Hemi and Stone) and whether Tyler has an arguable equitable lien for future litigation costs; those issues cannot be properly resolved on a summary basis and require trial.