1 Dec 2009
BURMEISTER V O'BRIEN AND ORS HC TAU CIV-2005-470-3396
- Citation
- openlaw-3fd1c44d_030f_4966_91b0_431ca085ff53.pdf
- Court
- High Court
Court found on the evidence that the Burmeisters were deceived into signing a blank transfer by promoter Geoffrey Clayton who represented the property would be placed in a secure family trust; the transfer was implemented so that the O'Brien Trust obtained title and an ASB mortgage for ICMG's benefit. The O'Briens knowingly participated in the dishonest scheme (Land Transfer Act fraud and knowing receipt). Geoffrey Clayton committed deceit, breached the Fair Trading Act and dishonestly assisted the transfer. Claims against John Clayton and solicitor Henley-Smith failed (no subjective dishones…