10 Dec 2014
LYTTLE v CASEY [2014] NZHC 3142
- Citation
- [2014] NZHC 3142
- Court
- High Court
The acknowledgment of unequal debts in the trust documentation did not evidence an intention to contract out of the Property (Relationships) Act; the arrangements were designed to manage gift duty and move to equality and therefore were not s21 agreements. Even if treated as contracting out, s21F formalities were not met (no independent advice, witnessing or certification) and s21H did not apply because the document was not a s21 agreement; s13 was not engaged because circumstances were not extraordinary. The applicant failed to prove actionable breach of trust beyond technical unilateral adm…