16 Dec 2021
KAIN v PUBLIC TRUST [2021] NZCA 685
- Citation
- [2021] NZCA 685
- Court
- Court of Appeal
The Court held (1) the High Court directions regarding recognition of the equality principle and limitations about taking into account prior distributions ([108](b),(c) and [109](d)) and the direction on subsequent wishes ([134](b)) were correct and are upheld; (2) the High Court's [134](a) wording was ambiguous and is replaced: Public Trust is entitled to take into account the settlor's wishes and must read and understand them, but may only take them into account to the extent they are not inconsistent with the trust's terms and purposes; trustees retain independent judgment.