New Zealand Case Law: Decisions & Judgments

Topic

Trust administration

Legal area

Court

11 Sept 2023

KAIN v PUBLIC TRUST [2023] NZHC 2535

Citation

[2023] NZHC 2535
Court

High Court

Application dismissed because the Court was not satisfied the distribution deed was reasonably necessary for the applicants to enforce the Trust: their contingent interests have been effectively extinguished, significant delay undermines the utility of disclosure, no convincing confidentiality concern was shown, and disclosure would not alter the present position; therefore disclosure was not required under ss 52–53 of the Trusts Act 2019.
21 Jun 2023

HONG LIM-YIP and MING LIM-YIP v STEVEN YIP LIM [2023] NZHC 1551

Citation

[2023] NZHC 1551
Court

High Court

The Court was satisfied on review of invoices and summaries that the plaintiffs' charges were reasonably incurred, not excessive, and not obviously duplicative; communications with VATL and settlement efforts were integral to responding to the defendant's application. Accordingly the full claimed indemnity costs and disbursements were awarded and ordered paid from the defendant's share of the Trust, and VATL was authorised to deduct monies held on trust to satisfy its award.
5 May 2023

STOTTER and HALE [2023] NZHC 1032

Citation

[2023] NZHC 1032
Court

High Court

The notations were removed because Parliament no longer provides for adding such notations, they serve no useful purpose, they impede trust administration under s132, the trustees have authority to deal with the land, beneficiaries consented, and removal causes no prejudice; accordingly the Court ordered removal and dispensed with advertisement.
3 Apr 2023

MACNAMARA v MACNAMARA [2023] NZHC 715

Citation

[2023] NZHC 715
Court

High Court

The Court granted directions approving the trustees' determinations: the rental for Karaka (including 72/28 split) based on independent valuation; the reconciliation of Oneheat accounts and the determination that Mr Macnamara owes Oneheat (total identified); the treatment of defamation defence costs as Oneheat costs and payment of $27,323.75 as an unsecured advance to Oneheat; the apportionment of trustees' costs attributable to Mr Macnamara ($309,028); and the adjustments (including a $200,000 holdback) to be made before final distribution. The Court refused to approve payment directly to th…
9 Feb 2023

WELLS v MARSHALL [2023] NZHC 136

Citation

[2023] NZHC 136
Court

High Court

Because the respondent was validly removed prior to the commencement of the Trusts Act 2019 and clause 11 of sch 1 requires vesting to be completed as if that Act had not commenced, and because the court is satisfied it is expedient (on grounds of suitability, practicality and efficiency) to vest the property in the continuing trustees to enable proper administration and address pressing mortgage matters, a vesting order under s 52(1)(h) Trustee Act 1956 is warranted.
12 Dec 2022

NIVEN v ERON HOLDINGS LTD [2022] NZHC 3344

Citation

[2022] NZHC 3344
Court

High Court

The court held the first two questions (beneficiary status of Ruth due to 2019 documents and the entitlement to the joint and Ron's separate loans) raise issues of trust administration falling into the Buckton category warranting a PCO; accordingly Jocelyn and Lynette were granted a PCO in respect of those two questions to lie in court until 10 February 2023 allowing the trustees to bring the application themselves, after which the PCO will take effect if trustees do not. The application for a PCO in respect of the third question (whether Lynette owes AUD 310,000) was dismissed as a self-inte…
9 Dec 2022

WHALE v SILICH [2022] NZHC 3339

Citation

[2022] NZHC 3339
Court

High Court

Removal of the existing trustees was warranted because longstanding estrangement and unilaterally made decisions by a co-trustee had frustrated the proper execution of the Trust and risked prejudice to beneficiaries; consequently all three existing trustees were removed and two independent, suitably qualified replacement trustees were appointed to restore proper administration.
22 Jun 2022

STRATFORD v MOSES [2022] NZHC 1463

Citation

[2022] NZHC 1463
Court

High Court

On interlocutory evidence the Court declined to remove or suspend trustee Lynn except to restrain her from exercising the power to appoint or remove trustees without the Court's leave. The Court found no cogent evidence the Trust assets were at immediate risk, noted the protective effect of the appointment of independent trustee David Vance and undertakings already given, and held that removal would amount to a final order inappropriate on contested interlocutory evidence.
19 May 2022

OFFICER v CM LAW TRUSTEES (2010) LTD [2022] NZHC 1098

Citation

[2022] NZHC 1098
Court

High Court

The Court concluded the intended proceedings are being brought in the best interests of the trust and estate and granted a Beddoe order approving the applicant to commence the removal proceedings and to be indemnified: the Estate will reimburse costs of the Beddoe application and will indemnify the applicant for reasonable costs to remove the co‑executor, and the Trust will indemnify the applicant for reasonable costs to remove trustees and to appoint Public Trust as sole trustee.
11 May 2022

MCCREATH (the BETTY CLARKE TRUST) [2022] NZHC 1001

Citation

[2022] NZHC 1001
Court

High Court

The Court granted the originating application under Part 19, dispensed with service, and pursuant to ss 52 and 59 of the Trustee Act 1956 vested the legal estate in the property at 1/118 Ladies Mile, Ellerslie in the applicants as current trustees, authorising the Registrar‑General of Land to record the transfer; the costs of the application were ordered to be met from the assets of the trust.