New Zealand Case Law: Decisions & Judgments

Topic

Trustee act s66 directions

Legal area

Court

19 Apr 2018

TRIDENT TRUST COMPANY (NZ) LIMITED v CASTILLO BOZO [2018] NZHC 738

Citation

[2018] NZHC 738
Court

High Court

Adjournment refused because Mr Castillo knowingly agreed to and failed to comply with consent timetable and did not seek timely variation or stay; settlement discussions not agreed by other party do not excuse non-compliance; urgency and public interest in resolving trustee direction and potential dissipation of assets justified proceeding. Court directed hearing to proceed on 3 May 2018 and set expedited filing directions; costs of the adjournment application were awarded against Mr Castillo on a 2B basis.
14 Dec 2017

Estate of DW Carson [2017] NZHC 3144

Citation

[2017] NZHC 3144
Court

High Court

Having accepted that Sadler category (b) applied after a child made enquiries, the Court directed that the executors must disclose specified estate documents and information to the deceased's four natural children, make inquiries about grandchildren for any s4(4) assessment, hold the residue for six months after disclosure before transferring it to the Trust if no Family Protection Act claim is filed, and may transfer up to $1,000,000 to the Trust for trustees to use discretely to meet immediate needs of any natural child.
2 Apr 2012

BULLEY AND OTHERS v THE ATTORNEY-GENERAL AND OTHERS HC WN CIV-2010-463-640

Citation

openlaw-974581aa_8cce_4617_ad31_81f585ca2015.pdf
Court

High Court

Subclause F records the initial agreed vesting of 25% and does not impose an absolute upper limit; Schedule II paragraph O authorises acquisition of further shares provided a consumer poll approves; the 1998 consumer poll, taken in context, constituted the required prior approval and the Trustees lawfully acquired 52.29% from United; original vesting of five million shares was lawful.
6 Aug 2007

R M LEWIS AND P R LEWIS V A J VINCENT AND ORS HC AK CIV 2006-404-2312

Citation

openlaw-b6d3c626_100a_4d39_9966_b24d19e80235.pdf
Court

High Court

Administration Act s39 gives a legatee a right to simple interest on a pecuniary legacy from the expiry of twelve months after death unless the will provides otherwise; the Court has discretion as to the rate and may set the rate to reflect actual interest earned where justice requires; service of a s75 notice and expiry of the notice period do not bar the statutory entitlement to interest; there was no appropriation in this case and the executor's year was not extended.

New Zealand Case Law

TRIDENT TRUST COMPANY (NZ) LIMITED v CASTILLO BOZO [2018] NZHC 738

Estate of DW Carson [2017] NZHC 3144

BULLEY AND OTHERS v THE ATTORNEY-GENERAL AND OTHERS HC WN CIV-2010-463-640

R M LEWIS AND P R LEWIS V A J VINCENT AND ORS HC AK CIV 2006-404-2312