31 Mar 2015
POOL v EGGERS [2015] NZHC 620
- Citation
- [2015] NZHC 620
- Court
- High Court
A claim for an account of money held on a constructive trust is an equitable remedy distinct from a claim for payment of a debt or pecuniary damages and therefore s19A does not permit a jury trial; alternatively, even if s19A applied the court exercises s19A(5)(a) to order trial by Judge without jury because the case raises predominantly difficult questions of law.