29 Jun 2012
The power of removal in the trust deed was fiduciary but vested personally in the settlor/co-trustee; the defendant exercised that power in good faith, for the beneficiaries' interests after consultation and advice, not for an improper purpose, and the plaintiff failed to prove the removal was a nullity, so the deed of removal was valid and effective.
18 Nov 2005
Ponui Station shares were restored to the old Mangaheia Trust because the appointment to Annette Couper occurred first in time and the deeds and surrounding circumstances establish intent excluding the shareholding from the later resettlement; plaintiffs failed to obtain an r418 order or seek formal separate determination of the damages inquiry and too late to recall sealed judgment so entry of judgment on that parked inquiry is not available; sealed judgment contained minor slips correctable under r12; defendant trustees (first, third and fourth) reasonably incurred legal costs in defending…