If you are a trustee, you can take someone to court, or be taken to court, even if that someone is you in a different role. You can sue yourself or be sued by yourself when you are acting in different capacities.
When this happens, you must ask the court for directions on how to handle the different interests that are opposing each other.
You can find more information about this by looking at the Trusts Act 2019 and similar laws, such as s 33A from 1956.
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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7383064.
Despite any rule of law or practice to the contrary, a trustee in that capacity may sue, and be sued by, the trustee in any other capacity, including the trustee’s personal capacity.
However, in every such case the trustee must obtain the directions of the court in which the proceeding is taken about the way in which the opposing interests are to be represented.
