11 Apr 2018
MAMAT v MAMAT [2018] NZHC 639
- Citation
- (2018) 19 NZCPR 331
- Court
- High Court
On the facts the Court found on the balance of probabilities that the deposit/equity (notably $10,000 and $29,000) was family money intended to benefit the applicant and that the respondent did not provide credible evidence that he was the beneficial source of those funds; respondent's role was primarily to facilitate the purchase and to assume mortgage liability. Applying the presumption of resulting trust and Calverley reasoning about mortgage liability, the Court held that in equity the beneficial interests are 75% to the applicant (Kamarudin Mamat) and 25% to the respondent (Abu Bin Mamat…