Published 22 November 2016
Application to appeal dismissal or stay without trial —operating trusts in an improper manner — District Courts Rules 2014, r 15.1 — Lawyers and Conveyancers Act 2006, s 119. The defendant’s application to strike out the plaintiff’s claim was granted and costs awarded. The plaintiff’s key complaints related to what he perceived was the improper operation of trusts of which he was a minority trustee. The Judge noted that while the plaintiff’s complaints may be valid, the District Court was not the necessary vehicle for airing concerns in this instance. It was suggested an application to the High Court under the Trustee Act may be plausible but obtaining legal advice was encouraged. Further, the plaintiff’s submission relating to complaint about bills of costs by legal practitioners was a matter for the Law Society not the District Court. Judgment Date: 5 May 2016.
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