8 May 2008
OFFICIAL ASSIGNEE IN BANKRUPTCY IN THE PROPERTY OF GARY MARTIN REYNOLDS V ALEXANDER MCLENNAN WILSON AND JUDITH ANN HARVEY AND ANOR CA CA88/06
- Citation
- openlaw-f1683a11_ab28_4a6c_97b1_a90ba5e6fb72.pdf
- Court
- Unknown Court
The appeal is dismissed because the Official Assignee, standing no better than the settlor, failed to prove on the required evidential standard that the trust was a sham or that trust assets were the alter ego of the settlor; trustees were non-complicit, the trust instrument and subsequent dealings supported a genuine trust, and alter ego arguments are evidential only and do not independently justify piercing a valid trust in New Zealand.