10 Aug 2015
WALKER & ORS v RESTIEAUX & ORS [2015] NZHC 1875
- Citation
- [2015] NZHC 1875
- Court
- High Court
The trust deed did not express the parties' true intention because clause 14.1(c) was an obvious drafting error that risked excluding Mr and Mrs Restieaux despite their express naming as beneficiaries; all relevant parties consented and the court exercised its discretion to rectify clause 14 to exclude only the settlor from benefit and to grant full relief under s73 to the trustees for past distributions up to the date of rectification.