30 Aug 2018
P M WILKINSON v D W WILKINSON and J D LANDERS as executors of the Estate of W L WILKINSON & ORS [2018] NZHC 2258
- Citation
- [2018] NZHC 2258
- Court
- High Court
Clauses 16 and 18 of the Heads of Agreement are unqualified conditions giving the trustees and Barbara unfettered discretion to withhold agreement; they did not agree and did not sign in their capacities that would bind the Trust or Barbara, so no binding agreement arose; the estoppel claim fails because any expectation is contradicted by the clear terms of the Heads and there is no actionable reliance or detriment; the applicants have discharged the onus on summary judgment and the counterclaim is dismissed.