17 Mar 2009
JAN FELIX PABIROWSKI AND ANOR V DENNIS RAY PABIROWSKI HC AK CIV 2008-488-000555
- Citation
- openlaw-3a375b2e_091c_45e3_8d17_4120e0442f9f.pdf
- Court
- High Court
The November 2007 transmission did not effect a distribution because the defendant had not discharged the plaintiffs' legacy obligations; by transferring the farm to himself before paying the legacies and while plaintiffs' claim was live and negotiations ongoing, the defendant breached his fiduciary duty to act even‑handedly; s73 relief was not available because the defendant personally benefited and could not be shown to have acted honestly and reasonably to warrant relief; accordingly plaintiffs were entitled to judgment as to liability.