10 Sept 2021
TEMPLE 88 LTD (in liquidation) v HASSINE and PRUETT [2021] NZHC 2351
- Citation
- [2021] NZHC 2351
- Court
- High Court
The court held that Temple 88 retained an equitable lien and right of exoneration against the trust property for liabilities properly incurred as trustee; those rights passed to the liquidator and, because they take priority over the trustees' beneficial interests, it was just and equitable to order sale of the property to satisfy the lien, mortgage and liquidation costs and to order recovery of possession from occupying defendants with a 90 day vacate period.