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$10,000 per year for contributions to trust

The decision in Judd v Hawkes Bay Trustee Company Limited (see Another tributary in the trickle of constructive trust cases) has been upheld on appeal. By way of background  Richard Hodgkinson and Michelle Judd were married for six and a half years. Over that period they lived in a property in Lane Road, Havelock North, … Continue reading

A wander through trustee liability

The background to Fawcett v Official Assignee is relatively straight-forward, as is the result.  However, the highways and by-ways the decision takes to get there are a study in why very few people should be trustees, and even less would want to be.  The case relates to a poorly constructed pedestrian bridge that was ultimately ordered … Continue reading

Fleshing out bare trusts

A bare trust arises where property is held by a person (the trustee) only for the purposes to hold until transferred in accordance with the beneficiary’s directions. Bare trusts can be a commercial convenience, but can also effect a remedy in circumstances when property might otherwise be lost due to the fungible nature of the … Continue reading