Abstract This article explores two recent decisions of the New Zealand Supreme Court touching on issues related to trustee accountability–Cooper v Pinney and Legler v Formannoij. Legler, arising in the context of beneficiary challenge, appeared to tolerate a trustee-beneficiary appointing as sole trustee a company that she controlled. By contrast, Cooper, arising in the context of a relationship property dispute, reaffirmed fundamental fiduciary constraints as the irreducible core of an express trust. This article reconciles the two decisions, arguing that Cooper provides the principled baseline for trust law, while Legler is the more anomalous result turning on peculiarities of the case.
Walker et al. (Wed,) studied this question.