20 Mar 2018
Woodcock v Woodcock [2018] NZHC 470
- Citation
- [2018] NZHC 470
- Court
- High Court
On the evidence and inferences properly open, there was no partnership from late 2002/early 2003 to 2015 sufficient to establish a proprietary 50% interest in the Paparoa Property; the only partnership established was the share-milking venture (2010–2015) for which an account was ordered. The resulting trust claim based on alleged contributions by the mother failed for want of primary evidence that her net sale proceeds were applied to purchase or development of the Property or that she intended to hold funds for the plaintiff. The constructive trust claim under Lankow v Rose failed because t…
- Resulting trust
- Constructive trust (lankow v rose)
- Partnership formation and accounting
- Presumption of advancement vs resulting trust
- Companies act s174 remedies
- Tracing