New Zealand Case Law: Decisions & Judgments

Topic

Removal and appointment of trustees

Legal area

Court

8 Dec 2023

NA’AMANU v MORISA [2023] NZHC 3599

Citation

[2023] NZHC 3599
Court

High Court

The Court was satisfied there is a serious question to be tried that the plaintiffs were validly removed and replacement trustees validly appointed at the August 2023 Special Session; the balance of convenience favoured the applicants because the Trust's bank accounts were frozen and the majority of entitled voters supported the replacements, therefore interim orders restoring control to the applicants were justified pending final determination.
28 Apr 2022

LINDSAY v THE REGISTRAR OF COMPANIES [2022] NZHC 859

Citation

[2022] NZHC 859
Court

High Court

An institutional constructive trust arose in favour of the purchaser (Betty Margaret Corlett) by 13 December 1980; property was held by O F Lindsay & Associates Ltd as constructive trustee and therefore could not be vested under s 324(4)(a). The appropriate remedial route is to apply the Trusts Act 2019: remove the defunct corporate trustee under s 112 and appoint Public Trust as replacement trustee under s 114, and the originating application may be amended under r 1.9 to seek that relief. Orders were made accordingly, with a short reservation period before sealing to allow Public Trust to b…
15 Dec 2021

STRATFORD v MOSES (2nd Ruling) [2021] NZHC 3473

Citation

[2021] NZHC 3473
Court

High Court

The Court ordered Lynn be joined personally under r 4.56 because personal relief was sought against her; awarded costs to Lynn on the strike-out application (2B scale less 25%); required an undertaking in damages within five working days for interlocutory preservation orders; scheduled the interlocutory hearing for 8 February 2022 subject to agreement on interim payment of Mr Vance's fees (effectively an interim Beddoe arrangement); and issued a detailed timetable for filing evidence and submissions, while deferring determination of admissibility and cross-examination applications until forma…
25 Mar 2020

POLLOCK v POLLOCK [2020] NZHC 648

Citation

[2020] NZHC 648
Court

High Court

The Court found both plaintiffs had arguable claims under the Family Protection Act (moral duty breached) but there were no assets in the deceased's estate because the impugned transfers were valid and not procured by undue influence or unconscionable conduct; claims under Law Reform (Testamentary Promises), remedial constructive trust, unjust enrichment and breaches of fiduciary/professional trustee duties failed. Consequently plaintiffs could not obtain awards from the estate; trustees (Cheryl and CLM Trustees) were not removed though trustees must treat Steven's children as discretionary b…
9 Jul 2019

FL Trustees 2012 Limited & Ors, as trustees of the Valerie Moore Family Trust v Moore [2019] NZHC 1588 [9 July 2019]

Citation

[2019] NZHC 1588
Court

High Court

Medical evidence established Mrs Moore's mental incapacity; under the trust deed and s 43(1) Trustee Act 1956 the power of appointment passed to FL Trustees who, exercising powers under the deed, validly retired Mrs Moore and appointed Michelle and William; the Court, satisfied vesting is expedient and necessary for the new trustees to perform their duties, exercised its s 52 power to vest the two titles in the new trustees; appointment of a litigation guardian was dispensed with as futile given incapacity and the limited, mechanical nature of the relief.
19 Feb 2019

CLEMENTS v CLEMENTS [2019] NZHC 204

Citation

[2019] NZHC 204
Court

High Court

The court used r 11.10 and its inherent power to correct an omission in the earlier judgment: it recalled the prior orders and substituted corrected orders removing Phyllis Irene Clements as trustee, appointing Kevin Allen Clements and YHPJ Trustees (2018) Limited as trustees, vesting all trust property including the land at 1274 State Highway 1, RD2, Hikurangi (Record of Title Identifier No. 132015, North Auckland Land Registration District, Lot 1 DP 332180) in the new trustees, and ordering that costs be met by the Trust.
17 Jan 2019

Triezenberg and Mason [2019] NZHC 14

Citation

(2019) 5 NZTR 29
Court

High Court

The 11 March 2018 deeds were invalid. Neither plaintiff manifested the clear, unambiguous 'desire to be discharged' required for s43 to operate; the trust deeds vested appointment/removal powers jointly such that Mr Mason did not possess a sole power to remove and appoint trustees; clause 15 did not constitute an arbitration agreement ousting court jurisdiction; exercising its supervisory jurisdiction and s51 powers the Court removed Alexander Charles Mason and Wendy Anne Mason as trustees for reasons related to welfare of beneficiaries, trustee dysfunction and incapacity, and retained Vicki…
31 Jul 2018

MATHESON v CLARE MATHESON TRUST LIMITED [2018] NZHC 1941

Citation

[2018] NZHC 1941
Court

High Court

There was no evidential basis to prevent the settlor exercising the clear power under the Trust Deed to remove the corporate trustee and appoint her nominated trustees; the Court granted the declaratory relief requested while imposing supervisory reporting and oversight measures to protect the beneficiaries and trust assets.
11 Dec 2017

AITKENHEAD & ANOR v KOOPERBERG & ANOR [2017] NZHC 3071

Citation

[2017] NZHC 3071
Court

High Court

The Court appointed New Zealand Trustee Services Ltd as substitute trustee under s 51 for the proper administration of the trust and held that the trust fund should not meet the costs of the application because the application was made necessary by the first respondent's persistent defaults; accordingly indemnity costs of the application were ordered against Phillip Kooperberg personally.
19 Jul 2017

HARRIS v MCLEAN [2017] NZHC 1669

Citation

[2017] NZHC 1669
Court

High Court

Because the defendant was shown by medical evidence to lack capacity and had been validly removed as trustee under s43(1), the Court exercised its power under s52(1)(h) of the Trustee Act 1956 to vest the trust's half‑share of the property in the named trustees and dispensed with service; costs of the application were ordered to be paid from the trust funds.