27 Mar 2015
ERCEG v ERCEG [2015] NZHC 594
- Citation
- [2015] NZHC 594
- Court
- High Court
The Court held that the discretionary beneficiary's right to seek disclosure of trust documents is a "right in relation to property" within the wide definition of property in the Insolvency Act 2006 and therefore vested in the Official Assignee on bankruptcy; accordingly the plaintiff lacked standing to pursue the claim and the defendants' summary judgment was allowed; alternatively, even if the plaintiff had standing the Court would have exercised its discretion to refuse disclosure having regard to settlor confidentiality, lack of impropriety allegations, remote prospect of distribution and…