7 Apr 2021
ZHANG V GUO [2021] NZHC 714
- Citation
- [2021] NZHC 714
- Court
- High Court
No breach of moral duty: plaintiff received substantial benefit by survivorship (half-share of Greenhithe subject to mortgage and $43,950) and was not shown to need maintenance or support; equitable contribution refused because under Administration Act s34 the Greenhithe property (the asset purchased with the loans) is primarily liable for the mortgage and the Glenfield property is not liable due to deceased's testamentary intention; unjust enrichment not pursued and would fail; order made to ensure mortgage security is limited to properties owned by plaintiff; costs to second defendant.