9 Dec 2021
BRKIC v WHITE [2021] NZCA 670
- Citation
- [2021] NZCA 670
- Court
- Court of Appeal
The Court dismissed the appeal: the High Court correctly held the Awhitu Trust remained a valid defeasible trust, not an objective nullity; the settlor/appointor's power to appoint trustees is subject to fiduciary constraints and cannot be exercised for a collateral purpose to defeat the deed's no-self-benefit clause; because the powers had not been validly exercised to vest beneficial ownership in Ms White, there was no basis for a charging order or sale order over land held by the trust.