6 Nov 2015
STOKES & ORS v INSIGHT LEGAL TRUSTEE COMPANY LIMITED & ANOR [2015] NZCA 519 [6 November 2015]
- Citation
- (2015) 17 NZCPR 154
- Court
- Court of Appeal
The appellants failed to prove on the balance of probabilities that Mrs Carr consented to the acquisition of the Bucklands Beach Road property as an asset of the RM Colebrook Family Trust; initials on an A and I form and the loan application evidence were insufficient to establish informed trustee consent or ratification, so no entitlement to indemnity, lien or subrogation arose and the appeal must be dismissed.