3 Jun 2020
PICARD v MARTIN & ANOR [2020] NZHC 1206
- Citation
- [2020] NZHC 1206
- Court
- High Court
Woolford J held the Family Court was wrong to dismiss the constructive trust claim and found that Picard and Martin established an institutional constructive trust over the improvements (the relocatable house and curtilage) at 628 Paradise Valley Road because their monetary and non‑monetary contributions causally enhanced the property, manifestly exceeded the benefits they received, and a reasonable expectation of an interest existed; the court also upheld that the $50,000 advanced in 2007 constituted a loan/relationship debt repayable on sale and directed repayment, fixed the value of the im…