23 Nov 2022
QINGHUA MO v ZHE YANG [2022] NZCA 573
- Citation
- [2022] NZCA 573
- Court
- Court of Appeal
Where payments by appellants to purchase or develop property gave rise to a resulting trust, equity could impose a constructive trust to reflect the parties' reasonable expectations and to prevent unconscionable retention of legal title; accordingly Huxley Place and Ropata Avenue required constructive trust relief proportionate to appellants' contributions (with Ropata remitted for quantification), Bawden Road was governed by an express agreement (loan with partial interest) and IMCA is the default interest regime with s18 exceptions not engaged on the facts.