13 Nov 2023
The Court approved the proposed scheme because the statutory prerequisites were met, the Attorney‑General supported the amendments, the changes do not alter the Trust's charitable purposes and they materially facilitate administration by remedying impossibilities and updating governance, investment and indemnity provisions consistent with the Trusts Act 2019.
19 Jun 2023
The Court approved the proposed trust deed and ancillary provisions because the scheme satisfied the statutory requirements of s56 (it is proper, lawful, charitable in purpose and compliant with Part 3), the Attorney‑General supported the proposal, and formalisation was necessary to enable effective administration; the Court also ordered that reasonable expenses of the application be paid from the Trust under s52.
7 Jun 2023
The court refused Helio's application for an affidavit-only disposal or separation of the preliminary issue because determination of the validity of the February 2020 deeds would not necessarily dispose of the proceeding given outstanding contested issues (notably Ronald's capacity in July 2021 and the conduct of Tavendale lawyers) that require testing at a full trial; the court refused leave for RGTL to apply for summary judgment because the November 2022 deed did not resolve multiple live factual and legal disputes (protector status, fiduciary exercise, validity of prior deeds, identity of…
5 May 2021
Because the applicant had previously appealed to this Court (and sought leave to the Supreme Court), the judgment of this Court is final on the matters now sought to be relitigated; a second appeal is not open and the correct procedure would be an application to recall the prior judgment, therefore the application for an extension of time to appeal was properly declined.
3 Jun 2020
Court held the Verplaetse Trust was validly constituted under New Zealand law, Erwin Verplaetse is settlor and beneficiary with the power to appoint and remove trustees, the trust deed governs the trust, Flanders Field was trustee until removed on 30 July 2018 and APIC was validly appointed; documents and transfers relied on by Van Hulle were ineffective (forged or invalid) and could not defeat the settlor's powers; declarations as to these matters were appropriate but vesting orders over foreign assets were deferred because of jurisdictional, practical and enforcement concerns.
12 Jul 2019
The Court granted the vesting order because the present trustees were validly appointed by deed, the former registered proprietors included a person who was mentally incapacitated and unable to execute transfers, and s52 empowers the Court to vest the land in the duly appointed trustees where technical difficulties prevent the parties from effecting transfers themselves.
13 Jun 2018
Because the trustee was certified mentally incapable and a continuing trustee validly appointed a replacement pursuant to the trust deed, the Court had jurisdiction under s52 Trustee Act 1956 to vest the trust property in the continuing trustees to enable completion of the sale; the application was routine and uncontested so no litigation guardian or full service on beneficiaries was required, and the costs of the application were properly charged to the trust.
12 Jun 2017
Ranolf was a trustee from 26 May 2004 to 22 July 2015; the four creditor debts were incurred by Ranolf as trustee; the trust deed indemnity (and s 38 Trustee Act) authorises recourse to trust assets to meet those debts and to meet reasonable costs incurred enforcing the indemnity; liquidators' enforcement costs are recoverable from trust assets but must be assessed for reasonableness and were reduced by the Court to specified amounts which are ordered to be paid with priority in accordance with company law.
7 Jun 2017
The proposed amendments, subject to safeguards that limit future unilateral amendments to administrative changes, require unanimity and Society consent, will facilitate the administration of the Trust under s33 and thus the Court approves the variations.
20 Nov 2015
Defendant had no lawful basis to remain in occupation after the registered proprietor and board terminated her permissive occupation; because the trust property is held by the incorporated board and any licence was revocable, and because the defendant ceased to represent an occupier with authority when the prior occupier (her mother) vacated, there was no real defence and summary judgment for possession was appropriate.