4 Jun 2019
WORLDCLEAR LIMITED v TI HOLDINGS LTD (IN LIQ [2019] NZHC 1246
- Citation
- [2019] NZHC 1246
- Court
- High Court
The plaintiff's claims in conversion and money had and received failed because conversion protects possessory title and money had and received requires legal ownership, but the plaintiff succeeded on its equitable claims: TI held funds on trust, transfers to the director amounted to breach of trust and the director was liable for knowing receipt and dishonest assistance, entitling the plaintiff to judgment for NZ$2,687,652, a tracing order for NZ$50,000, ancillary disclosure, interest and costs.