10 Feb 2017
BUXTONE v BUXTON AND BUTLER [2017] NZHC 131
- Citation
- [2017] NZHC 131
- Court
- High Court
The applicant failed to establish an arguable interest pursuant to the Property (Relationships) Act: the trust deed for Trust 60 expressly constrained the spouse's powers so she could not vest trust assets in herself; the transfers effected between 2005 and 2006 divested the applicant of any control or beneficial interest; there was no disposition of beneficial ownership attracting ss 44 or 44C; and any constructive trust claim is not an interest under the PRA and is barred by the applicant's prior conduct and benefits received.