25 Jul 2022
POLLOCK v POLLOCK AND WASHER AS EXECUTORS AND ADMINISTRATORS OF THE ESTATE OF REX DAVID POLLOCK [2022] NZCA 331
- Citation
- [2022] NZCA 331
- Court
- Court of Appeal
Appeal dismissed: Court upheld the High Court finding that there was no evidential or actual undue influence by Cheryl over Rex in respect of the impugned transactions; the attempted novel unjust enrichment argument to set aside lifetime gifts intended to frustrate Family Protection Act claims was not established and inappropriate to recognise as a new category; and trustees did not breach fiduciary duties in removing the appellant as a beneficiary as their decision was rational, proportionate and within the limited obligations applicable to the power exercised.