28 Apr 2021
WHITE v BRKIC [2021] NZHC 919
- Citation
- [2021] 3 NZLR 490
- Court
- High Court
On the balance of probabilities the Awhitu Trust is a valid, functioning trust and Ms White holds the land as trustee not beneficially in her personal capacity; the deed's no self‑benefit clause and fiduciary limitations on appointment/removal powers prevent self‑vesting and therefore the charging and sale orders against the land are invalid and must be set aside and discharged.