24 Apr 2015
POWELL V POWELL CA546/2014 [2015] NZCA 133
- Citation
- [2015] NZAR 1886
- Court
- Court of Appeal
The appeal is dismissed; the Court upheld the High Court's exercise of discretion to remove the appellant as trustee and appoint an independent professional trustee while allowing the respondent Daniel to remain as co-trustee because the welfare of beneficiaries and the settlor's intentions, read in context, meant minimal necessary intervention was to replace only the appellant and because the respondent's past misconduct and the assault, considered in context and given his rehabilitation, did not make removal necessary to ensure proper administration.