New Zealand Case Law: Decisions & Judgments

Topic

Beneficiary information rights

Legal area

Court

24 Oct 2023

HOUCHENS v RUSCOE AND MOORE [2023] NZHC 2969

Citation

[2023] NZHC 2969
Court

High Court

The application was dismissed because the statutory provisions relied on (High Court Rules r4.27 and Trusts Act ss74-75) do not authorise the supervisory, information-compelling and decision-influencing powers sought; the evidence did not show a concrete breach of trust or a problem of fairness that could not be addressed by existing mechanisms; liquidators and court-appointed counsel (including counsel to assist) provide adequate protection; and the proposed appointments would be unworkable and disproportionate given the diversity and number of beneficiaries.
16 May 2018

MACMILLAN v MACMILLAN [2018] NZHC 1060

Citation

[2018] NZHC 1060
Court

High Court

The court ordered the executor to file a true and perfect inventory and an account of the estate because the executor refused to provide requested information to a beneficiary; the accounting costs were ordered to be borne by the applicant and the costs of the application were awarded on a 2B basis to be paid by the estate.
10 Nov 2015

Goodman v Campbell Costs Judgment [2015] NZHC 2780

Citation

[2015] NZHC 2780
Court

High Court

Trustee breached his duty by refusing to provide information to the child's guardian; that refusal was unreasonable and caused unnecessary litigation and costs; accordingly indemnity costs were appropriate and must be paid personally by the trustee, and the trustee is not entitled to be indemnified for his own costs from the estate where his conduct caused the liability.

New Zealand Case Law

HOUCHENS v RUSCOE AND MOORE [2023] NZHC 2969

MACMILLAN v MACMILLAN [2018] NZHC 1060

Goodman v Campbell Costs Judgment [2015] NZHC 2780