27 Nov 2023
TATA v ABRAMS [2023] NZHC 3373
- Citation
- [2023] NZHC 3373
- Court
- High Court
On the evidence the executor acted in self interest and unfairly by selling estate property at substantial undervalue and gifting $300,000 to her son; the purchaser knowingly assisted the breach; both are liable to account to the estate. Remedy awarded: defendants jointly and severally liable to pay $300,000 damages, interest from 26 February 2021, costs to be assessed, and surplus mortgagee sale funds subject to a remedial constructive trust for the estate; limited relevance of cultural considerations does not excuse the failure to obtain family approval or a Deed of Family Arrangement and d…