New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Trustee duties and discretion

Legal area

Court

12 Aug 2021

EASTON v THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED [2021] NZHC 2084 [12 August 2021]

Citation

[2021] NZHC 2084
Court

High Court

The trustee did not breach trust in selling the farm; its decisions to proceed to market and to accept the neighbour's unconditional offer were reasonably open to it, it properly considered the settlors' memorandum of wishes and the plaintiff's offers, no dishonest conduct by the trustee was established, and the shareholder oppression claim under s 174 also failed; plaintiff's claims dismissed and only distribution/quantum reserved.
30 May 2014

THE GREAT CHRISTCHURCH BUILDINGS TRUST v THE CHURCH PROPERTY TRUSTEES [2014] NZHC 1182

Citation

[2014] 3 NZLR236
Court

High Court

The Court held the 5 September 2013 resolution constituted a valid commitment by the Trustees to construct a new cathedral within the terms of the Cathedral Trust and, on the material before the Court, the Trustees had not acted with improper motive or dishonest intention; accordingly the stay on deconstruction was lifted. The Trustees' application to abandon the part‑heard claim for relief from personal liability by amending their statement of claim was premature and the claim for relief remains to be finally determined (no preliminary hearing ordered).