Common intention constructive trusts

This category contains 6 posts

Ink vs litigation

On first glance Almond v Read, appears to have it all.  Arguments were made relating to the parties common intention, a constructive trust and breaches of fiduciary duty in the context of family owned land that was acquired with best of intentions.  However, over time, different parties adopted different views of the basis upon which a … Continue reading

Constructive Trusts and other Trust Remedies

The development of the constructive trust in New Zealand and the parameters of remedial and institutional constructive trusts (and constructive trusts on express trusts) is an important aspect of trust law.   Vicki Ammundsen is presenting a practical remedy driven webinar on 14 September 2018 at 1.30am that considers constructive and other trusts in family, relationship and commercial contexts. … Continue reading

High cost of failed argument

The common intention constructive trust is a rare beast.  When trying to make such an argument it is essential to have the facts right as demonstrated in the decision in Ridge v Parore (Common Intention Constructive Trust, or not).  The cost of getting the argument wrong in an argument that the court described as “doomed … Continue reading

Common intention constructive trust deconstructed

The common intention constructive trust is a rare beast.  Its remedial potential had a brief moment of sun until the Court of Appeal delivered its decision in Harvey v Beveridge. The facts of Harvey v Beveridge can be summarised as follows: Mr Beveridge was befriended by Dr Byrd who provided him with a home in a … Continue reading

Common intention constructive trust, or not …

The common intention constructive trust is the hot and hip new remedy in the arsenal of the savvy trust lawyer.  So perhaps it is not surprising that when A lister Sally Ridge fell out with her equally sociable partner that such a claim might be made.  The genesis of the claim derived from some restructuring … Continue reading

Trust derived from expectation

The lesser known “common intention constructive trust” is a difficult construct to appreicate.  However, this form of trust although formally “institutional” rather than “remedial” can provide a solution where no other legal construct can. Part one of the lesson – the constructive trust Constructive trusts often had their genesis in relationship breakdowns where a legislative … Continue reading