New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Co-trustee consent

Legal area

Court

21 Mar 2014

STOKES v INSIGHT LEGAL TRUSTEE COMPANY LTD [2014] NZHC 543

Citation

(2014) 15 NZCPR 64
Court

High Court

The plaintiffs failed to prove that co-trustee Mrs Carr consented to the Bucklands property being acquired for the R M Colebrook Family Trust; absent that assent the right of indemnity from trust assets did not arise and the vendors could not be subrogated to any such right, warranting dismissal of the claim.
20 Aug 2013

STOKES v INSIGHT LEGAL TRUSTEE COMPANY LIMITED [2013] NZHC 2113

Citation

[2013] NZHC 2113
Court

High Court

The Associate Judge's directions for a complete rehearing were set aside insofar as they permitted relitigation of the capacity issue because the Court of Appeal had upheld the finding that Mrs Heenan signed the agreement in her capacity as trustee and had remitted only the specified issues (co-trustee consent and entitlement to indemnity/equitable lien); the resumed hearing must be confined to those remitted issues and further directions are to be given following a joint memorandum from counsel.