New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Orders for sale of trust property
  • 20 Dec 2011

    MALCOLM EDWARD RABSON AS TRUSTEE OF THE MALCOLM RABSON FAMILY TRUST V LINDA GALLAGHER COA CA507/2010

    Citation
    COA CA507/2010
    Court
    Court of Appeal

    The Court quashed specified High Court orders ([9](3) and [9](4)) and substituted detailed, executable orders directing the GRFT trustee to sell specified properties, pay Ms Gallagher specified sums (including a s 44C component to be met from Mr Rabson's share), treat and credit inter‑trust debts as set out, apply interest on the $130,000 beneficiary accounts per s 87 Judicature Act 1908, reserve leave for further directions, and make no costs award; claims for renovation reimbursement require documentary proof and are to be pursued separately with the trustee.

    • Relationship property division
    • S 44c award
    • Constructive trust
    • Orders for sale of trust property
    • Trust winding up
    • Interest on judgment debts