Trustee no worse off over misdirected tax cheque

Account information,
Roger was a trustee of his family trust. In 2015, the Inland Revenue Department issued a cheque to the trust for $6,000. Without Roger's knowledge, the bank agreed to open an account in the trust’s name, and Roger’s former wife deposited the cheque in it and then moved the money to her own account.
March 2022

The bank accepted this was an error. Roger complained to us about the bank’s behaviour. His complaint said his former wife had repaid the full amount, but later he changed his mind and said she had returned only $2,000 and had kept the rest.

Our investigation

We found that Roger would not have suffered any financial loss if his former wife had indeed repaid the full amount. If, on the other hand, she had kept the $4,000 difference, the matter would be dealt with as part of relationship property proceedings taking place through the courts. Either way, we could not award Roger any portion of the cheque.

The bank agreed to cover the legal fees he had incurred over the matter, leaving him no worse off financially.


Roger and the bank agreed to settle the matter on this basis.

Print this page