8 Dec 2011
WI LUPTON AND AE SYMES AND RJ LUPTON AS TRUSTEES OF THE LUPTON TRUST V GM HOOPER AND MR HUGHES AS EXECUTORS AND TRUSTEES OF THE ESTATE OF ANNE MACDONALD LUPTON HC WANG CIV-2011-483-232
- Citation
- openlaw-ff58db9d_91cc_4c98_a1d6_f7bfb2559a56.pdf
- Court
- High Court
Evidence, including contemporaneous affidavits and the estate's Schedule of Assets and Liabilities, established the $13,569.46 was a loan from the Lupton Trust to the estate which was not gifted and remains repayable; the Disputes Tribunal claim is a personal claim against Warwick Lupton and cannot be set off against the Trust's claim; therefore defendants had no real defence and summary judgment is warranted.