10 Aug 2016
VERNON V PUBLIC TRUST [2016] NZCA 388
- Citation
- [2016] NZAR 1375
- Court
- Court of Appeal
The Court dismissed the appeal because an EPOA gives rise to fiduciary duties enforceable in equity; the Judge's alternative findings that Ashley breached those fiduciary duties and acted unconscionably were supported by evidence (including forged cheques, improper internet transfers, false WINZ forms and dissipation of the estate); s 28 Limitation Act 1950 applied to postpone limitation due to equitable fraud; Beverley was liable for knowing receipt; accordingly the High Court judgment requiring restitution (net $280,354) with interest and costs was upheld.