20 Sept 2018
CARROLL v BATES [2018] NZHC 2463
- Citation
- [2018] NZAR 1570
- Court
- High Court
The Court found that proprietary estoppel applied: Mrs Bates made direct representations (handover of keys and possession) and Mr Bates made reinforcing representations to family before incapacity; plaintiff reasonably relied and incurred detriment by extensive work and management; perfection of an imperfect inter vivos gift was not available by formality alone and a remedial constructive trust was discretionary; equity required a proprietary estoppel remedy vesting the fee simple in the plaintiff to avoid unconscionability. Accordingly the Court ordered the property vested in the plaintiff a…