New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Winding up of trust under s66 trustee act
  • 26 Oct 2012

    RAM CUSTODIAN LTD V RAYMOND HC AK CIV-2012-404-3798

    Citation
    openlaw-333ee03b_72ab_4f8b_9bfd_9f0102b74d76.pdf
    Court
    High Court

    The application for a stay was declined because staying would impede resolution of the central issue of the practical consequences of invalid trustee appointments, potentially frustrate trust administration and harm third parties, and because standing and funding issues could only properly be determined in the substantive context. Consolidation was ordered because the vires and winding up proceedings involve intertwined legal and factual issues and should be managed together under High Court Rule 10.12.

    • Validity of trustee appointments
    • Standing to sue
    • Winding up of trust under s66 trustee act
    • Stay of proceedings
    • Consolidation of proceedings
    • Declaratory relief