22 Nov 2022
HINGSTON v HINGSTON [2022] NZCA 568
- Citation
- [2022] NZCA 568
- Court
- Court of Appeal
Although the written transaction called for an explanation, the appellants produced sufficient objective and contextual explanations (distressed market and negotiated undervalue reflecting debt discharge and sale-cost savings; transfers and superannuation intended to reduce or secure the acknowledged debt; independent legal advice received and evidence that donor understood options) so that undue influence was not established on the balance of probabilities; High Court's finding of undue influence was set aside and counterclaim remitted for formal determination.