25 Feb 2016
HUGH MILLOY AND HELEN RUTH MILLOY AS TRUSTEES OF THE HUGH MILLOY FAMILY TRUST V KERRY BRYAN DOBSON [2016] NZCA 25
- Citation
- [2016] NZCA 25
- Court
- Court of Appeal
The Court upheld the High Court: leave to raise the new point and to adduce further evidence was declined; the appropriate equitable apportionment was to adopt the 2007 Deed proportions as the last common expression of the parties' agreement and as just in the circumstances (Dobson 17.33%, Milloy interests 41.33%/43.33% allocation reflected in judgment); the counterclaim failed because the Milloy interests were not established as discretionary beneficiaries and no loss was shown; Dobson was not disentitled by unclean hands; the appeals and cross-appeals are dismissed and costs of the leave ap…