27 Jul 2023
KINNON and KINNON v HONG [2023] NZHC 1988
- Citation
- [2023] NZHC 1988
- Court
- High Court
On the balance of probabilities the Cedar Lodge Trust retained beneficial ownership of the Property; the first defendant, acting through trustee companies he controlled, breached fiduciary duties and committed equitable fraud by transferring and mortgaging the property without informed consent of the co-trustee/beneficiaries; those transfers give rise to constructive trust and liability for an account of profits, but the plaintiffs failed to prove the higher threshold of actual Land Transfer Act 1952 fraud by dishonest intent at the time of registration; Nominees and Trustees Ltd, as alter eg…