Kain v Hutton - [2004] 2 NZLR 318

Trusts and trustees — Powers of trustees — Whether power of appointment exercised — Agreement between trustees reached on telephone — Deed prepared by one trustee and sent to other — Other trustee raising objections — Whether deed required for exercise of power of appointment — Whether power had been exercised.

Practice and procedure — Consent order — Jurisdiction to set aside — Time of essence to underlying agreement — Whether further directions reinvigorating order to be made where party wishing order to lapse responsible for delay.

Practice and procedure — Evidence — Court-appointed expert — Dispute between trustees and between beneficiaries — Whether issue suitable for adversarial approach — Role of trustees — Role of Court — High Court Rules, R 324.