K P MALCOLM LIMITED V MALCOLM HC ROT CIV-2008-463-403

K P MALCOLM LIMITED V MALCOLM HC ROT CIV-2008-463-403

Costs applications dismissed because both parties succeeded to an extent, the proceedings produced determinations beneficial to both, there was no evidence of substantial additional costs incurred by the defendant on the withdrawn claim, and the family context and overall justice required each party bear their own costs.

Citation
openlaw-07835289_4733_4e38_9f77_5789d46f2b15.pdf
Parties
First Plaintiff: K P Malcolm Limited; Second Plaintiffs: Kenneth Petrie Malcolm and Sylvia Jane Malcolm; First Defendant: Linda Margaret Malcolm; Second Defendant: Clive Stuart Malcolm
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 August 2011
Procedural Posture
Civil Property/trust Dispute / Costs Application (post Judgment)
Outcome
Applications for costs dismissed; each party to bear their own costs
Legal Topics
Constructive Trust, Resulting Trust, Quantification of Contributions, Costs Application, Family Property Disputes
Property Law Equity Trusts Civil Procedure Costs Law Constructive Trust Resulting Trust Quantification of Contributions +2 more

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Parties

K P Malcolm Limited

First Plaintiff

Kenneth Petrie Malcolm and Sylvia Jane Malcolm

Second Plaintiffs

Linda Margaret Malcolm

First Defendant

Clive Stuart Malcolm

Second Defendant

Procedural Posture

Civil Property/trust Dispute / Costs Application (post Judgment)

Legal Issues

  1. 1 Whether plaintiffs held a beneficial interest by resulting trust
  2. 2 Whether plaintiffs held a beneficial interest by constructive trust
  3. 3 Quantification of plaintiffs' financial contributions to the property

Ratio Decidendi

Costs applications dismissed because both parties succeeded to an extent, the proceedings produced determinations beneficial to both, there was no evidence of substantial additional costs incurred by the defendant on the withdrawn claim, and the family context and overall justice required each party bear their own costs.

Court Disposition

Applications for costs dismissed; each party to bear their own costs

Orders

  • Applications for costs dismissed; each party to bear their own costs