Schmidt disclosure in New Zealand

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

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/