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Powell v Thompson - [1991] 1 NZLR 597

$30.00

High Court Wellington
10, 11 July; 23 October 1990
Thomas J
Agency — Power of attorney — Attorney signed agreement and transfer on behalf of co-owners to meet attorney's personal debts — Contravention of fundamental nature of relationship.
Trusts and trustees — Constructive trust — Knowing receiver — Knowing assistant — Sale by one of three tenants in common in equal shares — Agreement and transfer signed on behalf of other tenants in common using powers of attorney — Purchaser knew of others' interest in property — Purchaser liable to plaintiffs as constructive trustee either as knowing receiver of trust property or as a knowing assistant in a breach of trust.

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