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Church Property Trustees v Attorney-General


IN THE HIGH COURT OF NEW ZEALAND

CHRISTCHURCH REGISTRY
CIV 2012-409-002745

[2013] NZHC 678
BETWEEN CHURCH PROPERTY TRUSTEES Plaintiff
AND ATTORNEY-GENERAL First Respondent
AND THE GREAT CHRISTCHURCH BUILDINGS TRUST Second Respondent
Hearing: 27 February 2013
Counsel: J V Ormsby, JWA Johnson, J L Day for Plaintiff P J Gunn for First Respondent FMR Cooke QC, A Foote, BDA Collins for Second Respondent
Judgment: 8 April 2013


JUDGMENT OF PANCKHURST J

A diversion of insurance monies

[1] The Trustees of the Christchurch Cathedral have received $38,898,966 from an insurance claim as a result of the damage sustained by the Cathedral in the disastrous Christchurch earthquakes. A sum $4.5 m has been earmarked to pay for the so-called transitional Cathedral (sometimes called the cardboard Cathedral) presently under construction on the site of the former St John’s Latimer Square Church. The use of the money for this purpose was questioned, on the basis that the Trustees own the Cathedral on terms of trust that do not permit this expenditure. Hence, the Trustees seek directions from the court concerning the legality of their actions. In the alternative, should the expenditure constitute a breach of trust, the Trustees seek an order relieving them from personal liability.

[…]

Full judgment:
Church_Property_Trustees_v_AttorneyGeneral__The_Great_Christchurch_Bui.pdf

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