13 Mar 2017
STAITE v KUSABS [2017] NZHC 416
- Citation
- [2017] NZHC 416
- Court
- High Court
Court found trustee E Moke breached fiduciary duty of loyalty by acting on both sides of the Tumunui lease negotiations; Tumunui Trust had knowledge of his dual role; statutory limitation did not bar relief because breach amounted to equitable fraud under Limitation Act s21(1); automatic rescission inappropriate but equitable rectification was ordered to remove the clause allowing deduction of improvements by predecessors (since 1961) so rent reviews exclude predecessors' improvements; boundary and easement relief reserved for Māori Land Court and Registrar processes; easement repair/maintena…