2 Jun 2021
LEGLER v FORMANNOIJ [2021] NZHC 1271
- Citation
- (2021) 5 NZTR 31
- Court
- High Court
The Kaahu deed expressly permitted a single corporate trustee and contained clause 27.2(c) allowing a corporate trustee to exercise powers even if it directly or indirectly benefited a beneficiary-director; the evidential matrix showed the appointor acted in good faith, sought an independent trustee, obtained legal advice, and did not appoint the corporate trustee for an improper purpose, therefore the appointment was not a fraud on a power and the claim fails.