14 Oct 2019
LUSTY and BROWNE as executors of the Estate of Kenneth Richard Lusty v C M THORBURN and C E THORBURN as trustees of the THORBURN TRUST [2019] NZHC 2610
- Citation
- [2019] NZHC 2610
- Court
- High Court
The plaintiffs' summary judgment application was dismissed because it is arguable the lease was granted in breach of the trustee's duties by a grossly inadequate and capped rent that could operate in perpetuity, the adequacy of consideration paid is not established, and there are significant factual issues (including knowledge and dealings between the parties and solicitors' involvement) requiring trial rather than summary disposal.