New Zealand Case Law: Decisions & Judgments

Topic

Trustee act s64

Legal area

Court

20 Nov 2014

Buczkowski v the Attorney-General [2014] NZHC 2885

Citation

[2014] NZHC 2885
Court

High Court

Because the interposed retail model risked excluding persons who are liable to pay for line services but lack a direct contract with Vector, and because the trustees satisfied the s64(1) criteria (expediency, best interests of beneficiaries, and representation/consent of interested persons), the Court authorised amendment of clause 1.1(c) of the trust deed under s64 Trustee Act 1956 to clarify that liability to pay for electricity and/or lines services at the Point of Connection qualifies a person as an Income Beneficiary regardless of whether the liability arises directly from a contract wit…
22 May 2013

GOODWIN V ROCKET SURGERY LIMITED COA CA748/2012

Citation

COA CA748/2012
Court

Court of Appeal

Summary judgment was inappropriate because material and fundamental factual conflicts existed about whether a trust or contract was created and about the terms; RSL's amended pleading alleging a trust did not establish the necessary elements of an express trust and the alternatives of constructive or resulting trust were not available on the pleaded facts, therefore the High Court's summary judgment and consequential orders were set aside.
13 Jul 2006

HENNESSEY HC ROT CIV 2005-463-400

Citation

openlaw-6523dd03_72ff_4b1d_a632_baa6ee4b165d.pdf
Court

High Court

The trustees' application for a declaratory judgment was refused because clause 13 cannot lawfully be used to resettle assets in order to acquire a sweeping power to vary the Trust's operative terms where clause 11(a) evidences settlor intent to keep those core terms immutable; allowing the proposed resettlement would improperly enlarge trustees' powers and attack the trust's substratum and s64 does not authorise the general future power sought.

New Zealand Case Law

Buczkowski v the Attorney-General [2014] NZHC 2885

GOODWIN V ROCKET SURGERY LIMITED COA CA748/2012

HENNESSEY HC ROT CIV 2005-463-400