8 Mar 2018
GARDINER v DYER [2018] NZHC 355
- Citation
- [2018] NZHC 355
- Court
- High Court
On the facts the disposals/nominations of CIP shares did not establish the requisite intention to defeat under s 44 for the 2001 transaction (nomination right lacked proven separate value and trustees provided market consideration); trustees acted in good faith in relation to later acquisitions; s 44C compensation was not justified given the benefits the respondent received from the trust (including avoidance of bankruptcy and occupation of trust property); s 182 relief was not available because the trust was not a nuptial settlement for the marriage in the relevant sense and the mortgage/occ…