28 May 2013
WOODWARD v SMITH [2013] NZHC 1226
- Citation
- [2013] NZHC 1226
- Court
- High Court
Summary judgment and strike-out applications dismissed because material factual disputes remain about the origin and mixing of funds, the intended meaning and scope of trust deed provisions (including whether clauses authorised self-dealing or de facto settlor status), whether advances ultimately benefited the Wanstead Trust, and credibility and evidential issues that cannot be resolved on affidavit evidence; removal of trustees is inappropriate on summary application and further factual and expert inquiry is required.