The Supreme Court has granted leave to appeal the majority decision of the Court of Appeal (see 2 to 1) allowing the appeal of the ground breaking decision of Gwyn J that held that a parent can owe fiduciary obligations that survive into adulthood and that property transferred in breach of this duty will be required to be accounted for.
Given the complexity and novelty of the issues raised by the appeal, the Registrar is to appoint counsel to assist the Court.
The writer is a director of Vicki Ammundsen Trust Law Limited, who acts for the Applicants.
For a first-hand report of the appeal to the Supreme Court see A senior Auckland barrister’s first-hand experience of appearing in the Supreme Court as a rookie
References:
- A, B and C v D and E Limited as Trustees of the Z Trust [2022] NZSC 151
- A v D and E Limited as Trustees of the Z Trust [2021] NZHC 2997
- A v D [2019] NZHC 992
- D and E Limited v A, B and C [2022] NZCA 430
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