18 Jul 2017
WILLIS & AMPR v THOMPSON & ANOR [2017] NZHC 1645
- Citation
- [2017] NZAR 1448
- Court
- High Court
Court found Mr Willis was under a special disadvantage (progressive terminal illness and debility); Mrs Thompson knew or ought to have known and either actively procured or passively accepted the substantial gift while the donor was vulnerable; the transaction was unconscionable and also procured by undue influence; plaintiffs entitled to declaratory relief and Bank ordered to remove Mrs Thompson's name; laches defence fails given the account was frozen and delay caused no unfair prejudice to defendant's ability to defend.