13 Nov 2007
THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED V BARBARA JOAN SIEMONEK CA CA260/06
- Citation
- openlaw-6f2fd9cd_f1d8_4f39_b530_47fb50c94dea.pdf
- Court
- Court of Appeal
The Court held the estate had no beneficial interest in the global trust fund because (1) under applicable Australian authorities damages for gratuitous past care do not create a trust in favour of carers and the settlement did not identify a severable sum for past care, and (2) absent a beneficial interest the estate had no standing under Trustees Act s68 to challenge Guardian's exercise of discretion; accordingly the claim could not succeed and summary judgment for Guardian was appropriate.