24 Nov 2015
Harrison v Harrison [2015] NZHC 2935
- Citation
- [2015] NZHC 2935
- Court
- High Court
The 4 October 2009 resettlement resolution was invalid because it involved self-dealing and conflict of interest: a trustee (Graeme) signed a resolution creating a beneficial interest in himself and another trustee (Adrienne) became a beneficiary by the resettlement contrary to cl 12 and the equitable rule against self-dealing; the transaction is therefore ineffective and the Waiheke property remains subject to the original Valerie Geard Trust; accordingly the plaintiffs' application to authorise sale/distribution and to remove the caveat was declined.