16 Dec 2021
The Court refused to direct the trustee under s66 Trustee Act 1956 to make an s339 Property Law Act 2007 application because such an application was unavoidable and a s66 direction would be an improper use, but it granted a Beddoe order confirming the trustee's entitlement to indemnity for costs from the estate/trust funds and directed the trustee to commence the s339 proceeding without delay.
25 Feb 2021
The redefinition of geographic scope to the region known as Auckland and the insertion of merger/amalgamation powers were within the trustees' express powers of variation and did not alter the substratum or exclusively charitable nature of the Hibiscus trusts; accordingly the transfers effectuating the amalgamation were valid and the Harbour Hospice entities are lawful successors with the rights and entitlements of the predecessor trusts.
6 Nov 2018
The executor was entitled to be indemnified out of the estate for reasonable costs of $19,408.43 because she acted reasonably and responsibly in bringing and contesting the s66 application to obtain directions, represented an unrepresented opposing interest and sought to expedite resolution of a genuine dispute of construction, such that indemnity from the estate was just.
1 Oct 2018
Transactions 1–3 were Major Transactions under the Settlement Trust deed and required approval by Special Resolution; s 64 could not be used to retrospectively authorise them because the deed contained an express contrary intention requiring member approval; s 66 relief in the form sought (doing nothing or merely informing beneficiaries) was inadequate, and the Court directed trustees to seek approval by Special Resolution in accordance with the deed.
27 May 2016
Where trustees consulted beneficiaries and reasonably balanced competing interests, the Court will direct that trustees are not required to pursue the full contractual interest; it was a proper exercise of the trustees' discretion under s 66 to direct recovery of the principal sum of $59,168 together with limited interest of $28,911.26 to fairly balance beneficiaries' financial interests and family welfare and to preserve relationships.