30 Jun 2017
PHILLIPS v CRAWFORD [2017] NZHC 1478
- Citation
- [2017] NZAR 1233
- Court
- High Court
On a defendants' summary judgment application the court found genuine issues of material fact and law: the life interest in clause 3 had not been shown to have determined because clause 3 permits off-site management and grants rights to permit others to farm (and there was no equitable waste); but clauses 4 and 5 are to be construed as trust powers (mandatory directions to trustees to dispose) that fail for uncertainty of objects and therefore cannot be upheld without trial; accordingly summary judgment was dismissed and only the challenge to clauses 4 and 5 may proceed.