13 Mar 2023
RAEWYN PHYLLIS COOPER v MARCUS ROBERT WILLIAM PINNEY [2023] NZCA 62
- Citation
- [2023] 2 NZLR 455
- Court
- Court of Appeal
The Court of Appeal dismissed both the appeal and cross-appeal. Applying trust law with a purposive PRA lens the Court concluded the MRWT was a valid trust (not a sham or illusory) and must be assessed by ordinary fiduciary principles; while trustee powers can in some circumstances amount to a general power of appointment and thus be 'property' under the PRA, on the facts the Court dismissed challenges and no relief altering the trust corpus was ordered.