Eden Refuge Trust v Hohepa - [2011] 1 NZLR 197

Charities — Charitable purposes — Advancement of religion — Ownership of premises for use of religious congregation — Observation on standing of congregation to enforce trust.

Equity — Dishonest receipt — Constructive knowledge — Solicitors for charitable trusts — Circumstances such that solicitor should have made inquiries.

Equity — Fiduciary relationship — Solicitors to charitable trusts — Solicitors’ fiduciary duties towards charitable trusts — Duty to take active steps to protect trust from loss of property.

Equity — Knowing assistance — Honesty — Objective standard of honesty.

Law practitioners — Conflict of interest — Solicitor for trust also solicitor for trustee in breach of trust.

Law practitioners — Solicitors — Solicitors to charitable trusts — Fiduciary duties towards charitable trusts — Conflict of interest in also being solicitor to trustee in breach of trust — Duty to take active steps to protect trust from loss of property.

Trusts and trustees — Constructive trusts — Dishonest receipt — Knowing assistance — Objective standard of honesty — Constructive knowledge — Solicitors for charitable trusts.

Trusts and trustees — Procedure — Standing to enforce trust — Ownership of premises for use of religious congregation — Observation on standing of congregation to enforce trust.