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Ivan Vladimir Joseph Erceg v Lynette Therese Erceg and Darryl Edward Gregory as Trustees of Acorn Foundation Trust and Lynette Therese Erceg and Darryl Edward Gregory as Trustees of Independent Group Trust - SC 17/2016

Media releases

Summary

Civil Appeal – Whether the Court of Appeal applied the correct test for requests by beneficiaries for access to trust documents – Whether the Court of Appeal applied the correct test for review of a trustee’ s decision – Whether the Court of Appeal erred in upholding the High Court decision not to order disclosure of trust documents.  [2016] NZCA 7   CA217/2015

Result

A Leave to appeal is granted (Erceg v Erceg [2016] NZCA 7, [2016] 2 NZLR 622).
B The approved question is: Should the conclusion that disclosure not be made/required be set-aside?
17 June 2016
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A The appeal is dismissed.
B The appellant must pay to the respondents costs of $25,000 plus reasonable disbursements (to be fixed by the Registrar in the absence of agreement between the parties).  We certify for two counsel.
8 March 2017

Hearing Transcripts

Related Documents

High Court decision — ERCEG v ERCEG [2015] NZHC 594 [27 March 2015]

Court of Appeal decision — ERCEG v ERCEG [2016] NZCA 7 [4 February 2016]

Leave judgment - leave granted — IVAN VLADIMIR JOSEPH ERCEG v LYNETTE THERESE ERCEG AND DARRYL EDWARD GREGORY AS TRUSTEES OF ACORN FOUNDATION TRUST [2016] NZSC 69 [17 June 2016] (PDF 9 KB)

Supreme court decision — Non-publication order dismissed: IVAN VLADIMIR JOSEPH ERCEG v LYNETTE THERESE ERCEG AND DARRYL EDWARD GREGORY AS TRUSTEES OF ACORN FOUNDATION TRUST [2016] NZSC 135 [14 October 2016] (PDF 187 KB)

Substantive judgment — ERCEG v ERCEG [2017] NZSC 28 [8 March 2017] (PDF 368 KB)