8 Sept 2021
MILLS v LABOYRIE & ORS AS TRUSTEES OF THE GALWAY TRUST [2021] NZCA 450 [8 September 2021]
- Citation
- [2021] NZCA 450
- Court
- Court of Appeal
The Court of Appeal affirmed the High Court: respondents made contributions to the purchase through retention of inheritance and guarantees; the parties retained a common intention that the Galway Trust be the beneficial owner despite title in Stephen's name; requirements for recognition of an institutional constructive trust were met and it would be unconscionable to allow the estate to claim both legal and beneficial ownership; Pallant v Morgan was unnecessary and inapplicable to domestic family circumstances here; counterclaims for unjust enrichment and trustee indemnity failed; costs awar…