New Zealand Case Law: Decisions & Judgments

Topic

S73 trustee act 1956

Legal area

Court

10 May 2011

ASHLEY KANARA APATU V KENNETH TAMA TE KAPUA APATU HC NAP CIV-2009-441-000515

Citation

openlaw-4802bd91_9f6c_4737_82c7_01900e1505b6.pdf
Court

High Court

All causes of action advanced by the plaintiffs were dismissed: clause 9 did not create an enforceable transferable obligation without consideration; Ohiti Waitio 3A vesting and subsequent family deed were not procured by fraud and the evidence supported an innocent vesting/mistake and family agreement; claims in respect of Lindauer paintings and other taonga were not properly pleaded against these executors or raised on the correct factual/legal footing; alleged misapplication of estate funds for Lawn Road and other specific monetary claims either lacked evidential support or were statute‑ba…
22 Dec 2008

HENRY BERNARD CHELLEW V KATHLEEN GLORIA EXCELL AND HENRY BERNARD CHELLEW AS TRUSTEES OF THE ESTATE OF HAROLD RAYMOND CARRINGTON HC AK CIV 2008-404-302

Citation

openlaw-5a8da89e_bed4_45e9_85a0_0383f70fa331.pdf
Court

High Court

The sale of the trustees' half share to a co-trustee breached the self-dealing rule and, absent court consent or beneficiary assent or an express power in the will, is voidable; clause 5(b) did not authorise the trustees to exchange the estate's land interest for a mortgage; accordingly the sale was set aside in part and the parties' beneficial interests adjusted to reflect agreed contribution for improvements (trustees hold 185/405 share), with transfer and mortgage discharge ordered.

New Zealand Case Law

ASHLEY KANARA APATU V KENNETH TAMA TE KAPUA APATU HC NAP CIV-2009-441-000515

HENRY BERNARD CHELLEW V KATHLEEN GLORIA EXCELL AND HENRY BERNARD CHELLEW AS TRUSTEES OF THE ESTATE OF HAROLD RAYMOND CARRINGTON HC AK CIV 2008-404-302