28 Mar 2018
MCLAREN v MCLAREN [2018] NZHC 555
- Citation
- [2018] NZHC 555
- Court
- High Court
The application to strike out was dismissed because the pleaded facts, assumed true at this stage, disclosed arguable causes of action: the transaction and management arrangements raised a real and sensible possibility of conflict of interest by trustees and potential breaches of fiduciary and trust duties; equitable remedies including account of profits or equitable compensation could be available; the fifth cause of action required repleading to name the correct defendants but was not struck out on its merits.