2 Sept 2020
DYER v GARDINER [2020] NZCA 385
- Citation
- [2020] NZCA 385
- Court
- Court of Appeal
Appeal allowed in part: dispositions of AAC/CIP shares and Dyer's 2000 shares were dispositions for s44 and s44C analysis; although trustees lacked good faith the Trust supplied adequate consideration so s44(2) transfer/compensation orders were unavailable, but s44C remedy was appropriate for (a) compensation for half the value/increase/dividends of shares the appellant disposed or was otherwise entitled to (to be valued at the Family Court hearing date or, if not practicable, via an alternative formula), and (b) award under s11B requires equal shares of selected relationship property so appl…