28 Nov 2017
THOMAS v MACKINTOSH AND HALL AS EXECUTORS AND TRUSTESS OF THE ESTATE OF NORMAN DEAN THOMAS [2017] NZCA 549
- Citation
- [2017] NZCA 549
- Court
- Court of Appeal
The appeal was allowed because it was inappropriate to require the appellant to purchase the estate's half share under s 339 while his constructive trust claim remained unresolved; the High Court s 339 order was set aside and the Court directed enforcement of the Heads of Agreement funding mechanism instead, with parties to file memoranda setting out payment arrangements.