Thexton v Thexton - [2001] 1 NZLR 237

Company law — Directors — Purchase of shares by director of family company from family member — Whether subject to fiduciary obligations — Obligation to pay fair price — Whether unconscionable bargain — Whether oppressive conduct — Companies Act 1993, ss 149 and 174.

Contract — Formation — Sale of shares between family members — Whether sufficiently certain — Whether voidable for unconscionability or breach of fiduciary duty.

Trusts and trustees — Express trust — Elements necessary to establish intention to create trust — Burden of establishing necessary intention.