New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Trust liability

Legal area

Court

10 Jun 2015

GREIG v HUTCHISON [2015] NZHC 1309

Citation

[2015] NZFLR 587
Court

High Court

The High Court upheld the Family Court: no qualifying de facto relationship existed between Mr Hutchison and Ms Greig up to the operative date; it was within Judge Walsh's discretion and justified to fix a value for the companies rather than order sale given risk of obstruction and need for a clean break; the valuation adopted was supportable on the evidence and adverse inferences from limited disclosure; trustees of the H Trust could be ordered jointly and severally liable but only to the extent of trust income (not capital) under s44C and the Cashmere Road liability was incorrectly made aga…
17 Feb 2009

WILLIAMSON & ORS V BENNETT HC AK CIV 2008-404-002612

Citation

openlaw-36ccbe51_b022_4feb_969d_11013622bb74.pdf
Court

High Court

The defendant, despite contracting as trustee, was personally liable because the agreement did not exclude personal liability; the alleged misrepresentation was vague and did not establish an arguable defence or inducement; clause 11.4 validly entitles the vendors to recover the loss on bona fide resale together with interest and resale costs; accordingly summary judgment was appropriate and granted for the plaintiffs.