16 Dec 2016
GEORGE v BLOMFIELD [2016] NZHC 3099
- Citation
- [2016] NZHC 3099
- Court
- High Court
Appeal allowed. Forgiven debts to trusts are prima facie assets of the estate and the Family Court erred in excluding them where discovery of trust deeds and beneficiary identities was refused; interlocutory discovery refusal and the trial judgment are set aside and the matter is remitted for rehearing with directions for disclosure of trust documents. The trial judge also erred by relying on speculative conclusions about the appellant's hypothetical better financial position had he accepted earlier assistance.