7 Jun 2006
ROSS HOPE, LAMA KARMA SHEDRUP, THELMA BURCHELL, ELLEN DUCKWORTH AS TRUSTEES OF THE NEW ZEALAND KARMA KAGYU TRUST V KHYENTSE RINPOCHE LAMA CA CA51/05
- Citation
- openlaw-853e8b27_1c19_4318_a9a4_71ff3e401b11.pdf
- Court
- Court of Appeal
The Court held that r II(d)(vii) requires a specific authority from the Karmapa (or lawful successor) to advise that a board member is no longer suitable and thereby vacate office; a generic supervisory appointment under r XII(a) does not confer power to remove trustees under r II(d)(vii); accordingly the respondent's purported removals were ineffective, the High Court orders upholding them were quashed, and the appellants were reinstated; no replacement under s 51 was warranted.