17 Nov 2022
HINDS v SONG & OR [2022] NZHC 3017
- Citation
- [2022] NZHC 3017
- Court
- High Court
On balance and on the untested evidence the applicant established a reasonably arguable case for an institutional constructive trust on each Lankow element (contributions, expectation, reasonableness of expectation, and that respondents should reasonably expect to yield an interest), so the court exercised its discretion under s146 to permit the lodging of second caveats over the four properties.