18 Aug 2016
HAWKE'S BAY TRUSTEE COMPANY LTD & ANOR v MICHELLE KERRIAN JUDD [2016] NZCA 397 [17 August 2016]
- Citation
- [2016] NZCA 397
- Court
- Court of Appeal
The Court held that the respondent's indirect and direct contributions (including household work and a $50,000 payment used for renovations) qualified as contributions to the trust property under Lankow; she had a reasonable expectation of a modest share; the trustees (or their agent) had effectively abdicated control such that the trust could not retain the benefit unconscionably; and the High Court's award of $65,000 was a justified, modest quantification of her equitable entitlement.