30 Nov 2021
GEMMELL, GEMMELL, GEMMELL AND v PHILLIPS [2021] NZHC 3259
- Citation
- [2021] NZHC 3259
- Court
- High Court
On the balance of probabilities the administrator breached her fiduciary duties by improperly selling estate land at undervalue with assistance from a third party; removal under s21 was expedient, the transfer to the first defendant was set aside under the Land Transfer Act 2017 and the land vested in the newly appointed administrator, and the first defendant was held vicariously liable for the breach; costs and a charging order were appropriate remedies.