24 Apr 2015
UNKOVICH v MARBECK [2015] NZHC 742
- Citation
- [2015] NZHC 742
- Court
- High Court
The applicant's s42 notice is reasonably arguable and must be sustained pending judicial determination because affidavit evidence (including trustee Hill) gives prima facie plausibility to the claim that transfers to trusts were part of a temporary scheme affecting beneficial interests; however the alleged collateral oral agreement cannot be upheld as voiding the written contracting out deed on the present material because it would contravene s24F and is vulnerable to the rule against pleading a fraudulent purpose; applicant must commence substantive proceedings by 28 May 2015.