10 Nov 2016
COLLIS & LANGTON v HYPOWER ELECTRICAL LTD [2016] NZHC 2686
- Citation
- COLLIS & LANGTON v HYPOWER ELECTRICAL LTD [2016] NZHC 2686
- Court
- High Court
The Court held that the Trust's objects (cl 5.1) do not mandatorily require perpetual ownership of the property; a sale can be consistent with the charitable objects if the purchaser is required by a binding registered encumbrance to adhere to and fulfil the Trust's charitable objects. Accordingly, under s66 Trustee Act 1956 the Court gave directions in principle approving a sale subject to those protective conditions while leaving ultimate discretion with the trustee to decide whether to sell after investigating viable options.