6 Sept 2016
JACOBS v POHIO [2016] NZHC 2104
- Citation
- [2016] NZHC 2104
- Court
- High Court
Because the defendant misappropriated trust funds and the applicant is willing, able and already appointed as the settlor's property manager and litigation guardian, the court removed the defendant and appointed the applicant as trustee under Trustee Act s51, vested the trust land in the new trustee under s52(2), and ordered the applicant's costs and expenses relating to the proceedings and vesting order be paid from the trust fund under s71; the court declined to order the defendant personally to reimburse the trust for those costs given limited practical benefit and lack of express notice.