6 Jul 2020
DANIEL v CUNDALL [2020] NZHC 1590
- Citation
- [2020] NZHC 1590
- Court
- High Court
Because Mr Cundall's persistent refusal to meet or provide information, his hostility toward the co‑trustee, and demonstrated conflicts of interest prevented proper administration and risked harm to beneficiaries, the Court properly exercised s51 and its inherent jurisdiction to remove him and appoint an independent trustee (T G Livingstone), vesting trust assets in the continuing and new trustee to enable effective administration in beneficiaries' interests.