Court of Appeal Wellington
21, 22, 23 February; 5 May 1983
Richardson, McMullin and Jeffries JJ
21, 22, 23 February; 5 May 1983
Richardson, McMullin and Jeffries JJ
Contract — Capacity of contracting parties — Unsoundness of mind — Defence of laches — Farmer left his estate, including his farm, in trust for his children — Eldest son became trustee — In 1977 trustee sold farm — Other beneficiaries claimed that they had only consented to farm being leased and alleged, inter alia, that trustee lacked contractual capacity — Purchaser claimed that the action was barred by laches — Whether the agreement for sale and purchase should be set aside.
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