14 Sept 2022
D AND E LTD v A, B AND C [2022] NZCA 430
- Citation
- [2022] 3 NZLR 566
- Court
- Court of Appeal
The Court of Appeal (majority) held that while the parent-child relationship is fiduciary while the parent has care and responsibility for the child, that fiduciary relationship ended when the parent ceased to care for the children; absent a continuing fiduciary power over adult children's proprietary interests, the father did not owe a continuing fiduciary duty to prevent transfers of his personal assets to the Trust decades after estrangement, so the transfers were not rescindable on fiduciary grounds and trustees were not liable as constructive trustees; remedies for the historical abuse a…