3 Nov 2021
LAWLER v KHAN [2021] NZHC 2959
- Citation
- [2021] NZHC 2959
- Court
- High Court
Because the respondent, as administrator, held the applicant's distributive share in trust after distribution under s77 and failed to respond or act to release the funds upon the beneficiary reaching majority and upon formal demand, the Court ordered transfer of the identified sum to the beneficiary and awarded indemnity costs for the respondent's serious dereliction; a personal liability declaration was refused because it was not sought in the application and the factual position regarding disposition of funds was not established.