New Zealand Case Law: Decisions & Judgments

Topic

Nuptial trust

Legal area

Court

25 Aug 2023

[ROSAMUND] v [FERDINAND] [2023] NZHC 2329

Citation

[2023] NZHC 2329
Court

High Court

Documents in the respondent's control must be discovered even if held in a trustee or director capacity; the respondent was ordered to provide specified discovery (including solicitors' trust account ledgers) verified by affidavit within identified timeframes, non-party discovery was adjourned as duplicative, and the co-trustee was to be joined as a counterclaim defendant by consent with leave to file a counterclaim out of time.
21 Nov 2018

THAKURDAS v WADSWORTH AND ANOR AS TRUSTEES AND EXECUTORS OF THE ESTATE OF SABA THAKURDAS OF AUCKLAND (DECEASED) [2018] NZCA 516

Citation

[2018] NZCA 516
Court

Court of Appeal

Section 182 is not a personal jurisdiction that abates on the death of a spouse; it relates to property and settled interests and authorises courts to inquire and make orders in respect of settled property after dissolution of a marriage; personal representatives of a deceased spouse may therefore bring an application under s 182, subject to standing requirements.
20 Dec 2016

Vivian v Kellerman [2016] NZHC 3163

Citation

[2016] NZHC 3163
Court

High Court

The High Court upheld the Family Court's exercise of its s182 discretion to vary the nuptial trust and allocate an equal share of the Woolston property to the wife because the Trust was settled for the family home and the children's interests were adequately protected by ensuring both parents were financially enabled; absent explicit deed clauses removing fiduciary constraints, the Court would not definitively classify the husband's trustee powers as relationship property on Clayton's basis; valuation and calculations by the Family Court were correct except for a discrete EQC/carpet adjustmen…

New Zealand Case Law

[ROSAMUND] v [FERDINAND] [2023] NZHC 2329

THAKURDAS v WADSWORTH AND ANOR AS TRUSTEES AND EXECUTORS OF THE ESTATE OF SABA THAKURDAS OF AUCKLAND (DECEASED) [2018] NZCA 516

Vivian v Kellerman [2016] NZHC 3163