New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Surrender of life insurance policies
  • 12 Jun 2015

    NEIL STUART JOHNSTON v CHRISTOPHER FREDERICK SCHURR [2015] NZSC 82

    Citation
    [2015] NZSC 82
    Court
    Supreme Court

    Managerial liability under the supervisory jurisdiction remains subject to s49: a manager is liable for losses only if he acted in bad faith or without reasonable care in exercising powers conferred by the Family Court; where the Family Court expressly excluded power to settle relationship property and appointed counsel to represent the subject, the manager was not under a relevant duty to procure settlement and solicitors' retainer terminated upon the client's incapacity; factual deficiencies regarding the surrender of life insurance policies required remittance to the High Court for determi…

    • Relationship property
    • Managers under the protection of personal and property rights act 1988
    • Supervisory jurisdiction of the high court
    • Breach of statutory duty
    • Assumption of responsibility
    • Surrender of life insurance policies