1 Mar 2019
ALMOND v READ [2019] NZCA 26
- Citation
- [2019] NZCA 26
- Court
- Court of Appeal
The Court upheld the High Court's findings that, on the evidential record, the parties had an express common intention that beneficial ownership of the Property be held in proportion to financial contributions and that an institutional constructive trust arose by operation of law enforceable against the registered proprietor; the appellant's attacks on credibility and alternative caregiving characterisation failed, the appellant breached fiduciary duties in misapplying her mother's funds under an enduring power, the property shares were quantified as found below, and the appeal was dismissed…