26 Jun 2015
SIMPSON v SAX [2015] NZHC 1466
- Citation
- [2015] NZAR 1210
- Court
- High Court
The trustees had conferred a rent-free right of occupation on both trustees which was never revoked; derivative action was inappropriate because trustees were not given the opportunity to act and special circumstances were not established; however, by virtue of the shared possessory interest conferred by the trustees the parties stood in a position analogous to co-owners and each could claim occupation rent for periods of sole occupation by the other; the deed, read in context, allowed interest to be charged on demand though rate unspecified, and a 5% rate was appropriate; defendant's tort cl…