8 Jul 2014
The contemporaneous 1985 transfer recorded payment of $40,000 and there is no clear evidence or articulation of express trust terms at the time; family statements of wish do not define the terms required for a constructive trust; accordingly the caveators could not establish a reasonably arguable equitable interest and the caveat could not be maintained and must lapse.
3 Feb 2014
Given the evidence of the transferor's expressed intentions, the transferor's likely misunderstanding of the legal consequences of joint tenancy, and the acceptance of the transfer on that basis by the donees, it was reasonably arguable that the registered proprietor held the land on constructive trust for the wider whanau; accordingly the caveator justified continued registration and the application to remove the caveat was dismissed.
13 Mar 2012
The applicant demonstrated an arguable case that clause 6(i) entitles her to call for up to 10 acres in the camp ground area, she obtained resource consent for a 10 acre block and there is an arguable estoppel against the respondent relying on earlier lack of consent; on balance of convenience the caveat should be preserved pending urgent commencement of substantive proceedings to determine rights.
31 Mar 2010
Applying s64A and established authorities, the court concluded the variation should be approved because the likely benefits to the minor and contingent/unborn classes (probable participation at vesting, family cohesion and welfare) and the legitimate need for enhanced trustee powers to manage a $17m corpus over an extended term outweigh any detriment; the minor's expressed views and evidence on improbability of third-class members supported the exercise of the court's discretion to approve the Deed of Variation.
6 Aug 2008
The Court exercised its s64A jurisdiction to approve the extension of the trust's date of distribution to the eightieth anniversary because the variation is not to the detriment of minors or unborn beneficiaries, all adult beneficiaries consent, the extension avoids immediate adverse tax consequences arising from deemed vesting, and loss to Inland Revenue is not a relevant consideration.
31 Aug 2006
Judge found on the evidence that the parties had agreed at meetings prior to and on 8 April 1997 to extend the options only until 31 January 1998, that the 8 April 1997 document omitted that agreed term, and ordered rectification to insert the 31 January 1998 expiry; plaintiff's claim of an open‑ended option was dismissed and the caveat was removed.