7 Aug 2008
KAIN AND ORS V HUTTON AND ORS SC 40/2007
- Citation
- KAIN AND ORS V HUTTON AND ORS SC 40/2007
- Court
- Supreme Court
Ponui appointment was valid: evidence established that Mrs Annette Couper genuinely benefited and retained effective control under the Ponui Trust so the trustees' appointment was not a fraud on the power. Mangaheia resettlement was invalid: trustees purported to exercise s 41 advancement in favour of someone who lacked a contingent or vested capital interest and no required consent or court approval was obtained; the Court will not recharacterise an attempted advancement as an appointment under cl 4 when trustees deliberately proceeded under the advancement route. Accordingly Ponui appeal di…