Citation(s) [2001] 1 NZLR 237 Judge(s) sitting Salmon J Ruling court High Court of New Zealand | Subsequent action(s) [2002] 1 NZLR 780 Date decided November 8, 2000 | |
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Thexton v Thexton is an important case in New Zealand trust law, applying the principle that burden of establishing an intention to create a trust rests on the person alleging it.
Contents
Background
The background of the case was a family dispute over the ownership of shares in a family business. The critical question before the court was whether the son held shares in trust for his father.
Judgment
Justice Salmon ruled, applying the principle of Herdegan v Federal Commissioner of Taxation 1988 84 ALR 271; "The burden of establishing that there was an intention to create a trust is on the person who alleges that a trust was created." Salmon J also held that inferring an intention does not require technical words and may come from a persons acts;
References
Thexton v Thexton Wikipedia(Text) CC BY-SA