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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 … Continue reading
D and E Limited v A, B and C relates to the appeal of the High Court decision in A v D and E. See Breach of parental fiduciary duties. Simply put, the Court of Appeal (by a majority decision) allowed an appeal against the ground breaking decision of Gwyn J holding that a parent … Continue reading
Daisley v Ark Contractors Limited relates to a commercial venture that came into fruition over a decade ago. The venture involved transfer of properties owned by the first (Daisley) and second (SDD Limited) plaintiffs, which were about to be sold at mortgagee auction. The Kellers (the second defendants) contributed capital and setting up the first … Continue reading
In 1961 Andrew Taylor advanced £200 to his mother to assist with the purchase of a property. Andrew’s contribution, which equated to 7% of the value of the property was recorded by need that recorded: … My son, Andrew Taylor, has provided two hundred pounds [200 pounds] towards the purchase price of the property, and … Continue reading
Families are complicated. Family agreements and arrangements all the more so. Almond v Read highlights the consequences of family arrangements that are not recorded in writing. The background facts are not disputed. Ms Almond purchased land in Drury. Two dwellings were built on the Drury property (the Property), one was occupied by Ms Almond and … Continue reading
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
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
Land owned by ten different owners as tenants in common was sold to a buyer who was required to apply for resource consents to subdivide the property and to obtain new titles. There was a dispute and following a settlement conference Harrison J ordered that on titles being issued the owners were to transfer one … Continue reading
Expectations, great or otherwise are tricky to enforce. When a person who had expectations in respect of an estate is disappointed there are various options for challenge open to the disappointed party. However, each has thresholds that need to be satisfied. Consider the case of Blumenthal v Stewart. Mr Blumenthal was the son of Mr … Continue reading
The decision in Judd v Hawkes Bay Trustee Company Limited (see Another tributary in the trickle of constructive trust cases) has been upheld on appeal. By way of background Richard Hodgkinson and Michelle Judd were married for six and a half years. Over that period they lived in a property in Lane Road, Havelock North, … Continue reading
Matters of Trust 