22 Jul 2021
TILLER v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT – the OFFICIAL ASSIGNEE [2021] NZHC 2584
- Citation
- [2021] NZHC 2584
- Court
- High Court
The evidence did not establish an express trust satisfying the three certainties; the father's affidavit described an 'early inheritance' and gave discretion to the daughter rather than creating binding trust obligations, the appellant's evidence was inconsistent and misleading, and on balance the funds were legally owned by the appellant so the Waipawa property vested in the Official Assignee and the Assignee's decision was correct.