10 Feb 2017
SIMPSON v SAX [2017] NZHC 112
- Citation
- [2017] NZHC 112
- Court
- High Court
The Court declined to indemnify the trustee in advance or to make priority payment orders because the proceedings are effectively a hostile dispute between trustees/beneficiaries masked as third‑party litigation, the trustee seeking indemnity had clear personal interests as creditor and beneficiary, and the court could not conclude in advance that defending the claim was in the best interests of the trust; the existing statement of defence may remain as a holding position and trustees may give evidence, but no independent trustee was appointed and no priority orders were made.