4 Aug 2016
VERVOORT v FORREST [2016] NZCA 375
- Citation
- [2016] 3 NZLR 807
- Court
- Court of Appeal
The Court dismissed the appeal: the trust was not a sham; although equity may impose a constructive trust over express trust assets in principle where a controlling trustee has effectively excluded co-trustees and contributions/expectations are proven, on these facts appellant's contributions were insufficient to establish a proprietary interest or entitlement greater than the substantial settlement she had already received; promissory estoppel was not made out; accordingly no alteration to the High Court's outcome was warranted.