(New Zealand) The government of New Zealand wanted to re-organise the public trustee office, and had to determine the destiny of the funds held. Representative beneficiaries were recommended to be chosen, but instead, counsel was appointed to represent the ‘Contradictors’. When they sought to appeal the order, it was claimed that as non-parties they had no right of appeal. The board would have allowed parties to be joined and an appeal to proceed, but for long delay which now meant that further litigation would cause further substantial prejudice to the respondents, and in any event an appeal would be unlikely to succeed.
Judges:
Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Millett
Citations:
[2001] UKPC 10
Links:
Statutes:
Public Trust Office Act 1957 30
Jurisdiction:
New Zealand
Financial Services, Litigation Practice, Commonwealth
Updated: 01 June 2022; Ref: scu.159450