21 Jun 2018
HUANG v JIANG [2018] NZCA 209
- Citation
- [2018] NZCA 209
- Court
- Court of Appeal
The Court upheld the High Court: the 2010 agreement was not implemented and was abandoned by implied agreement based on conduct and lack of steps to effect a sale/buy-out; the $200,000 advance had two $50,000 partial repayments and any remaining claim was time-barred because demand had been earlier and no timely enforceable demand was proven; the alleged ¥3.1 million cash loan was not proven on the balance of probabilities given contradictory evidence, lack of contemporaneous documentation and weak late corroboration, so Jiang's equitable interest in the property was recognised to the extent…
- Implementation and abandonment of agreement
- Constructive/resulting trust
- Loan repayment and limitation
- Credibility and weight of contemporaneous documents
- Undocumented cash transactions and ious