29 Oct 2020
ENRIGHT v NEWTON, [2020] NZCA 529
- Citation
- [2020] NZCA 529
- Court
- Court of Appeal
Court held the cross-appeal on limitation succeeds: Terrence Enright was not put on sufficient notice in 2008 and his claim is not time-barred. Apportionment of vested income must be on a one-sixth basis to each income beneficiary. Tony (Shane A Enright) must account to the respondents and the second cross-appellant for $496,285 (being five-sixths of the net dividend of $595,542) — the benefit he received was the after-tax/net amount. SLH's retention of interest and a management fee was unconscionable; SLH must account as a knowing recipient for $382,288 (five-sixths of the total of interest…