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Supreme Court of New Zealand Wellington
SC 17/2016; [2017] NZSC 28
1 September 2016; 8 March 2017
Elias CJ, William Young, Glazebrook, Arnold and O’Regan JJ
SC 17/2016; [2017] NZSC 28
1 September 2016; 8 March 2017
Elias CJ, William Young, Glazebrook, Arnold and O’Regan JJ
Bankruptcy and insolvency — Property — Whether right of discretionary beneficiary to request disclosure of trust documents “property” — Whether vested in Official Assignee — Whether rights as beneficiary affected by bankruptcy — Insolvency Act 2006, s 3.
Trusts and trustees — Disclosure of documents — Nature of claim for disclosure — Whether discretionary beneficiary can claim for disclosure of documents — Role of court in hearing application for disclosure — Matters to be considered by court.
Trusts and trustees — Discretionary trust — Whether discretionary beneficiary can claim for disclosure of documents — Nature of claim for disclosure — Whether right to claim for disclosure “property” — Whether rights as beneficiary affected by bankruptcy — Role of court in hearing application for disclosure — Matters to be considered by court — Insolvency Act 2006, s 3.