19 Feb 2014
ROBB V JAMES CA472/2011 [2014] NZCA 42
- Citation
- [2014] NZCA 42
- Court
- Court of Appeal
The Court dismissed the appeal because the evidence established a common continuing intention that the sale include the 'lost land' at the time the ASP was executed, the purchaser's protests and informal dealings explained the delay and did not constitute acquiescence sufficient to bar rectification, and imposing a constructive trust on the son who acquired legal title with notice was necessary and appropriate to give effect to the parties' bargain and prevent unconscionable conduct.