4 Sept 2015
AVISON v MCFARLANE, AVISON AND BUTLER AS TRUSTEES OF THE AVIAN TRUST [2015] NZCA 409
- Citation
- [2015] NZCA 409
- Court
- Court of Appeal
Appeal allowed: the daughters had no arguable constructive trust claim on the evidence and the transfers/gifting to the Avian Trust were not made for the purpose of contracting out of the PRA so s21/s21F do not void the transactions; clause 8.12 therefore applied and summary judgment ordering resettlement of half the Avian Trust assets (including Nos 29 and 31 Avian Road) to the Peony Rose Trust was appropriate.