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In the anonymised High Court decision Smith v Koppens [2026] NZHC 759 a constructive trust is imposed by reference to the principles of Lankow v Rose on account of advances made by “Jane” who had expected to live in a trust owned property. By way of background the dispute arose in circumstances where a … Continue reading →
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 … Continue reading →
Matters of Trust