Khyentse v Hope

[2006] NZSC 72

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IN THE SUPREME COURT OF NEW ZEALAND

SC 48/2006
[2006] NZSC 72

BETWEENKHYENTSE RINPOCHE LAMA

Appellant

ANDROSS HOPE, LAMA KARMA SHEDRUP, THELMA BURCHELL, ELLEN DUCKWORTH AS TRUSTEES OF THE NEW ZEALAND KARMA KAGYU TRUST

Respondents

Court:Blanchard, Tipping and McGrath JJ

Counsel:D G Hurd and W M Patterson for Appellant

R T Fenton and L A Lawson for Respondents

Judgment:19 September 2006 

JUDGMENT OF THE COURT

The applications for leave to appeal by the appellant and by the respondents are both dismissed with costs of $1,000 to the respondents.

REASONS

[1]       The first ground of appeal proposed by the appellant concerns the construction of provisions of a trust deed which are peculiar to that deed and raise no question of general or public importance.  The second proposed ground relates to the High Court’s powers under s 51 of the Trustee Act 1956.  The Court of Appeal’s refusal to make an order under that section was, however, simply an unexceptionable application of a well-established jurisdiction to an unusual factual situation.  We do not read the Court’s judgment as limiting that jurisdiction in the manner suggested for the appellant.

[2]       The respondents’ appeal was to be pursued only if the appellant was granted leave and is accordingly also dismissed.

Solicitors:
Patterson Hopkins, Auckland for Appellant
Dyer Whitechurch, Auckland for Respondents