26 May 2008
LUCY TAPSELL V CANDY LORRAINE MURRAY HC TAU CIV 2005-470-889
- Citation
- openlaw-0e3169d5_b03b_4c86_839c_503a459917df.pdf
- Court
- High Court
The Court found the executor (Richard) acted fraudulently in appropriating Maketu A70 in breach of the will; the defendant received the property as a volunteer/donee (gift) under terms showing no enforceable obligation to pay the stated purchase price and thus was not a transferee bona fide for value; accordingly indefeasibility did not protect her and the claim was not statute-barred; the Court vested Maketu A70 in the plaintiff as trustee under the Administration Act and Trustee Act.