New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Trust de son tort
  • 14 Nov 2019

    GAVIN v POWELL [2019] NZHC 2981

    Citation
    [2019] NZHC 2981
    Court
    High Court

    The amended statement of claim must be redrafted to (a) plead separately against each defendant the factual bases for alleged lack of authority and breaches, (b) include alternative pleading that, if defendants were unauthorised, they assumed trustee duties as trustees de son tort, and (c) avoid relitigating settled issues about settlor's intentions or introducing pre-11 August 2014 matters which would be an abuse of process; pleadings may be particularised on information from Ms Ballinger's earlier affidavit though pleadings are not evidence; the specific requests for historic Kensal audited…