21 Nov 2014
JELLIE v FUKUDA [2014] NZHC 2593
- Citation
- [2014] NZHC 2593
- Court
- High Court
The High Court held that the Family Court had jurisdiction under s182; there was sufficient evidence (including contemporaneous conduct and affidavits) to infer the parties' expectations that the trust would benefit both spouses and the family; the $540/week rent allowance and accountancy-based adjustment mechanism were supported by evidence; and, in the circumstances of breakdown and inability of co-trustees to cooperate, the Court properly exercised its discretion to wind up and divide the trust assets and order sale of the property, so the appeal was dismissed.