Schmidt disclosure in New Zealand


(Nicholas Lepoidevin) #1

Erceg v. Erceg [2017] NZSC 28 is a recent decision - judgment was given in March 2017 - containing a full discussion of the principles laid down in Schmidt v. Rosewood Trust Ltd [2003] 2 A.C. 709 about disclosure of trust information to beneficiaries. The court was persuaded to refuse disclosure, mainly because of the appellant’s conduct. It is a decision of of the highest court in New Zealand and anyone making or resisting an application for disclosure will find it useful.

Nicholas Le Poidevin, Q.C.
New Square Chambers


(Vicki) #2

For background to the decision in Erceg see further at https://mattersoftrust.co.nz/2017/03/08/erceg-appeal-dismissed-exceptional-circumstances-not-to-disclose/