New Zealand Case Law: Decisions & Judgments

Topic

Interim trustees

Legal area

Court

2 Jul 2015

GREEN v GREEN, FISHER & ORS [2015] NZHC 1526

Citation

[2015] NZHC 1526
Court

High Court

The court held that Hugh Green acted under undue influence in relation to his will and certain trustee and director appointments; accordingly the grant of probate for the 26 April 2012 will was recalled, the appointments of Fisher and Gosney as trustees were declared invalid, John and Frances Green were removed as trustees, Maryanne Green was declared a trustee and director (with limited interim restraints on exercise of powers), interim trustees (Darlow and Randell) were appointed, and the application for a stay was declined.
6 Mar 2015

SOLOMON-REHE v HOKOTEHI MORIORI TRUST [2015] NZHC 46

Citation

[2015] NZAR 776
Court

High Court

The 2010 amendment was invalid because the Trust Deed required amendments to be considered at a properly convened Hui a Moriori or Annual Hui with the quorum under cl 13.2; similarly trustee elections require a Hui a Moriori/AGM (postal voting alone insufficient), so the August 2012 election was invalid; the trustees exceeded their powers in purporting to cancel the election for reasons other than the Deed-based invalidity and were in breach for refusing to hold required elections; consequentially the Court declared terms of office of seven trustees expired, invalidated the amendment and the…
14 Feb 2013

TITO V TITO AND ANDREW COA CA856/2011

Citation

TITO V TITO AND ANDREW COA CA856/2011
Court

Court of Appeal

The stay application was dismissed because no date had been fixed for the general meeting and the applicant's position was not imminently threatened; r 12(3) did not provide the power relied on but the Court treated the application as if made under r 30(2) Supreme Court Rules 2004 and concluded a stay was unnecessary while preserving the applicant's right to renew the application if leave to appeal is granted or a meeting date becomes imminent.

New Zealand Case Law

GREEN v GREEN, FISHER & ORS [2015] NZHC 1526

SOLOMON-REHE v HOKOTEHI MORIORI TRUST [2015] NZHC 46

TITO V TITO AND ANDREW COA CA856/2011