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Court of Appeal Wellington
CA 108/03
19 November 2003; 31 March 2004
Gault, Tipping and Glazebrook JJ
CA 108/03
19 November 2003; 31 March 2004
Gault, Tipping and Glazebrook JJ
Trusts and trustees — Discretionary trust — Discretionary beneficiary — Residual interest — Meaning of “future interest” in estate — Analogy between legal and equitable claims — Limitation Act 1950, ss 4(9) and 21(2).
Practice and procedure — Limitation — Striking out on limitation grounds — Discretionary beneficiary — Residual interest — Meaning of “future interest” in estate — Analogy between legal and equitable claims — Limitation Act 1950, ss 4(9) and 21(2).