Re Motorola New Zealand Superannuation Fund - [2001] 3 NZLR 50

Trusts and trustees — Express trust — Superannuation scheme — Windfall receipt — Whether trustees empowered to distribute windfall to past members — Whether trustees empowered to amend trust deed to disadvantage existing members — Superannuation Schemes Act 1989, ss 9 and 16.

Trusts and trustees — Constructive trust — Whether windfall receipt impressed with constructive trust — Whether constructive trust superimposed over property subject to express trust.

Trusts and trustees — Powers of trustees — Mistake — Whether trustees mistaken in failing to allocate moneys to past members — Whether trustees empowered to remedy mistake without amending trust deed.