Presbyterian Support (upper South Island) v The New Zealand Guardian Trust Company Limited

CourtCourt of Appeal
Judgment Date29 November 2016
Neutral Citation[2016] NZCA 556
Date29 November 2016

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5 cases
  • Auimatagi & Ors v Mangere Congregational Church of Jesus Trust Board
    • New Zealand
    • High Court
    • 3 November 2023
    ...Trusts Act 1957, s 58. See, for example, Presbyterian Support (Upper South Island) v The New Zealand Guardian Trust Company Ltd [2016] NZCA 556. insurmountable problem for the plaintiffs. The statutory processes envisaged could be followed; and the statement of claim could be amended accord......
  • 3280
    • New Zealand
    • High Court
    • 12 December 2019
    ...because it does not equate to accumulation. The 7 Presbyterian Support (Upper South Island) v New Zealand Guardian Trust Company Ltd [2016] NZCA 556, [2017] NZAR retention of income may be distinguished from the accumulation of income, which involves the addition of trust income to capital ......
  • Re the Auckland City Mission Incorporated
    • New Zealand
    • High Court
    • 21 February 2024
    ...at 74. Society of St Vincent de Paul v Wanganui Ozanam Villa Trust [2007] NZAR 77 (HC) at [47]-[48]. 21 Re Utterson-Kelso (deceased) [2016] NZCA 556, [2017] NZAR 84 at William Henderson and others Tudor on Charities (Thomson Reuters, London, 2023) at [21.049]. 19 20 (b) Where a charitable t......
  • Re Estate of the Late Marlayne Clarke
    • New Zealand
    • High Court
    • 23 November 2023
    ...then the doctrine of lapse will not apply… 3 4 Presbyterian Support (Upper South Island) v The New Zealand Guardian Trust Company Ltd [2016] NZCA 556, [2017] NZAR See for example Re Pettit [1988] 2 NZLR 513 (HC); and Alacoque v Roache [1998] 2 NZLR 250 (CA). [17] The Court of Appeal indicat......
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