Mirkin v Frame relates to a summary judgment application by executors of an estate against trustees of a family trust to recover the deceased beneficiary’s current account. The background of the matter is set out at [12] by Associate Judge Paulsen as follows:
The court held that the executors were entitled to summary judgment in respect of the current account and the debt owing.
In coming to this decision the exercise of the Court’s discretion was discussed at [55] to [58] as follows:
References
- Mirkin v Frame [2024] NZHC 2791
- Sudfeldt v UDC Finance Ltd (1987) 1 PRNZ 205(CA) at 209
- Berg v Anglo Pacific International (1988) Ltd (1989) 1 PRNZ 713 at 717
- Dominion Breweries Ltd v Countrywide Banking Corporation Ltd CA314/91, 18 August 1992.
Matters of Trust 
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