//
you're reading...
constructive trusts, Fiduciary duties

Factually dense construction

The introduction to the interim judgment in Jin v Luo at [3] sets the scene for the 489 paragraph judgment as follows:

By way of background Jin v Luo relates to a break down in a business relationship that was complicated by the lack of documentation regarding the purchase of a number of properties. The legal analysis required was complex. Amongst other things Harland J determined that five of the properties that the proceedings related to were subject to a constructive trust. Harland J also held that there were breaches of certain fiduciary obligations.

The decision includes a useful consideration of the parameters of fiduciary obligations in the context of a “loose” joint venture. As stated at [474] and [478]:

References:

  • Jin v Luo [2023] NZHC 2417
  • Paper Reclaim Ltd v Aotearoa International Ltd [2007] NZSC 26, [2007] 3 NZLR 169
  • Amaltal Corp Ltd v Maruha Corp [2007] NZSC 40, [2007] 3 NZLR 192
  • Chirnside v Fay [2006] NZSC 68,

Discussion

No comments yet.

Leave a comment

Categories

Archives