10 Mar 2020
The court concluded that because the settlor's trust deed provided a gift over and Swimming Canterbury West Coast Incorporated's constitution aligns with the settlor's charitable purpose, the trustees were entitled to pay liabilities, transfer remaining assets to that charity, and thereafter wind up and dissolve the trust; appointment of M F Toomey as liquidator was appropriate.
7 Oct 2015
The extension of time was refused because the proposed second appeal had no real prospect of success: the will unambiguously granted only a life estate to the applicant's father with a vested remainder to the Wilson Home Trust, the property never became part of the father's estate, statutory provisions relied on by the applicant do not alter that outcome and s230 does not apply to a devise, therefore there is no merit warranting further appeal.
20 Oct 2014
The deceased (Mr Lister) held only a beneficial life estate; that interest terminated on his death and the property reverted to Mrs Lyons' estate as a remainder held on trust for the Wilson Home Trust; s 64 Property Law Act 2007 did not apply because the estate or interest in land was not subject to a gift over as required by s 64; accordingly the Associate Judge correctly struck out the applicant's claim against the Wilson Home Trust.
19 Aug 2014
The claim under s64 of the Property Law Act 2007 was struck out because the will created only a life interest in the brother with a reversion to the testator's estate (not a conditional gift over on lack of issue), executorship does not vest beneficial ownership in the applicant, and the applicant's legal basis for claiming the flat was clearly untenable.