13 Mar 2015
NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED v PRESBYTERIAN SUPPORT (UPPER SOUTH ISLAND) [2015] NZHC 468
- Citation
- [2015] NZAR 922
- Court
- High Court
The court found the gift to the Green Gables Trust Board had initially failed (GGTB had effectively dissolved and the Green Gables Home was sold before the testator's death) and there was no paramount charitable intention in the will to save the gift; therefore s32 relief was not available, the accruer clause applied to redistribute the failed share among the remaining specified charities, and the applicant's orders under s32 were refused; the accumulation clause nevertheless infringed the Perpetuities Act and parties were ordered to file submissions on replacement wording.