White v Brkic - [2021] 3 NZLR 490

Practice and procedure — Judgments and orders — Charging order — Sale order — Orders over trust land — Seeking to set aside orders — Whether land owned by trustee/settlor in personal capacity — Beneficial interest in land — Whether extensive powers accorded to settlor tantamount to ownership of land — Whether land able to be properly charged or sold — Property Law Act 1952 s 60.

Trusts — Trustees — Whether extensive powers accorded to settlor tantamount to ownership of land — Clayton v Clayton — Land — Charging order — Sale order — Orders over trust land — Whether land owned by trustee/settlor in personal capacity — No self-benefit clause.