7 Dec 2022
Majority dismissed the appeal because appellants failed to prove on the subjective test that Maria exercised the power to appoint KTL for an improper purpose; the Trust Deed permitted appointment of a corporate sole trustee, Maria had sought and acted on legal advice and evidence did not establish that at the time of appointment she intended to prefer herself or evade the deed's limits.
9 Aug 2018
The application for further discovery was granted in part: the defendants must file and serve a further affidavit of documents by 22 August 2018 limited to (a) VGA Ltd/Virginia Gomes file documents to the extent Helice Properties Ltd or Ms Anderson have a right of inspection (noting financial statements are relevant and likely to exist), and (b) texts and correspondence between Miriam Roberts and Ms Anderson for the specified periods; Ms Anderson must depose as to whether she backed up emails when changing servers in May 2013 and whether she has searched/access to those backups. Requests for…
1 Sept 2016
On the balance of probabilities the company was validly appointed and operated as the corporate trustee of NZ Natural Therapy Trust based on consistent contemporaneous conduct and the opinions/evidence of accountants and insolvency professionals despite absence of formal appointment documentation; consequently the impugned payments were trust distributions and not recoverable by the plaintiffs, so the first cause of action fails.