8 Mar 2017
ERCEG v ERCEG [2017] NZSC 28
- Citation
- [2015] 1 NZLR 320
- Court
- Supreme Court
The Supreme Court held the court's power to order disclosure is an exercise of its inherent supervisory jurisdiction in equity (not confined to review of trustees' discretionary decisions) and must balance multiple factors (document categories, beneficiary interest, confidentiality, risk of harassment, practicalities and safeguards). Applying those principles, disclosure was refused in this case because the appellant's conduct, realistic risk of harassment and confidentiality/commercial interests outweighed any benefit of disclosure; the appellant nonetheless had standing as a discretionary b…