2 Jul 2014
M A H v 168 GROUP LTD [2014] NZHC 1520
- Citation
- [2014] NZHC 1520
- Court
- High Court
On the balance of evidence the High Court concluded Mr H did not dispose of the College Street sale proceeds in order to defeat Ms P's rights because Ms P knew she was not the beneficial owner and had agreed to lend her name for a fee; accordingly s44 was not established and the Family Court lacked jurisdiction to make orders under s44(2) against 168 Group Ltd (which also lacked proper notice).
- Section 44 disposition to defeat rights
- Resulting trust and beneficial ownership
- Intermingling and tracing of funds
- Notice to affected persons (s37)
- Potter v potter evidential estoppel
- Classification of relationship property