As noted in Lowe v Ngan the cause of action fradulent calumny has not previously been recognised in New Zealand. This statement is expanded on at [62] to [65] as follows: The elements of fraudulent calumny are set out in Lowe v Ngan as follows: Byway of background to Lowe v Ngan: In Lowe v … Continue reading
In Estate of Twaites one of the will-maker’s son seeks a remedy under the Family Protection Act 1955 for a breach of the moral duty owed by his father to him. The Court was satisfied that there was a breach. However, before this could be quantified by way of an award in the son’s favour … Continue reading
Vincent v Vincent Family corproate Trust Limited concerns a dispute regarding who should benefit from two family trusts in circumstances where the Court is asked whether whether whāngai children shoud be included in the class of grandchildren. As noted at [7] to [10]: [7] The Trusts distinguish between income and capital beneficiaries. Only capital beneficiaries share … Continue reading
In the Matter of the Testamentary Trust of Hanning relates to an application to terminate a testamentary trust pursuant to section 121 of the Trusts Act 2019 and for an order pursuant to section 124 of the Trusts Act approving the application on behalf of minor or future beneficiaries. The trust in question arose under … Continue reading