4 Aug 2022
HUANG v CHEN [2022] NZHC 1888
- Citation
- [2022] NZHC 1888
- Court
- High Court
The Integration Scheme was not finally agreed and no partnership arose; the Waihopai advances were loans not capital; the April 2012 JV agreement governed Matakana and was enforceable under Chinese law but proprietary relief assessed under New Zealand law (lex situs); Chen breached his contractual and fiduciary obligations, holds Matakana land on a constructive trust for Huang/Lu and must transfer title; plaintiffs are creditors for the Waihopai advances and entitled to repayment including statutory relief under the Property Law Act for prejudicial dispositions and equitable relief for delay.