8 Mar 2022
CLAYTON v NOTHLING & ANOR [2022] NZHC 387
- Citation
- [2022] NZHC 387
- Court
- High Court
Contemporaneous written instruments (the Contracting Out Agreement, the Trust deed, the deed of ratification and the deed recording retirement/removal) unambiguously removed the applicant as a discretionary beneficiary on separation; the applicant's affidavit account was inconsistent with this documentary record and insufficient to establish a reasonably arguable caveatable interest, so the caveat must be removed.