29 Sept 2023
MCLAUGHLIN v MCLAUGHLIN [2023] NZCA 473
- Citation
- [2023] NZCA 473
- Court
- Court of Appeal
On the facts the settlors intended the subdivision to include the neighbouring land and pre-selected John to lead the project; his status as adjoining landowner was implicitly authorised by the settlors, and clause 13 when read in context authorised payment to a trustee engaged in a relevant business given John's prior commercial experience; trustees excluded John from conflicted decisions and obtained independent advice, fees were reasonable and market-supported, so no account of profits was ordered; costs award upheld as increased (30% uplift) but the High Court's 20% reduction was quashed.