20 Dec 2017
BURGESS v MONK [2017] NZHC 3255
- Citation
- [2017] NZHC 3255
- Court
- High Court
Plaintiffs failed to prove any proprietary interest by constructive trust; the 1980 agreement was unenforceable as to CTE company formalities; Molly's 1998 will conferred discretionary powers on trustees not a binding precatory trust; trustees did not breach fiduciary or trustee duties in the conduct and sale and acted within discretion; sale to Armer Farms was at market value and Armer lacked constructive knowledge of any trustee breach; solicitors did not assume de facto trusteeship and did not breach fiduciary duties or negligence; all claims dismissed and defendants awarded costs.