Court of Appeal Wellington
29, 30 April; 1 May; 2 July 1991
Cooke P, Richardson, Casey, Hardie Boys and Thorp JJ
29, 30 April; 1 May; 2 July 1991
Cooke P, Richardson, Casey, Hardie Boys and Thorp JJ
Trusts and trustees — Variation of trust — Superannuation fund — Validity of amendments to trust deed — Trust deed for company's superannuation plan provided that the company's contributions, unless they were prepayments, should not revert to the company and that the deed could not be amended without the consent of members if the amendment would adversely affect the members' interest in the fund — Without the consent of the members the deed was subsequently amended to provide that on termination of the plan any surplus in the fund would revert to the company — Whether the company's contributions were prepayments — Whether members had a contingent right to participate in any surplus in the fund — Whether members' interest was adversely affected by the amendment — Whether the amendment was valid.
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