21 Jun 2021
CHOUBEY v FIVESTART PROPERTIES LTD [2021] NZHC 1461
- Citation
- [2021] NZHC 1461
- Court
- High Court
On balance and by inference from contemporaneous documents and conduct the Court found the parties entered a partnership to acquire the Monk Road property with profits to be shared equally after reimbursement of contributions; the Court rejected defendant's account that $57,000 was repaid (found no reliable evidence of the alleged $40,000 and $17,000 cash repayments) and found the power of attorney was not proved to have been signed by Ms Choubey; accordingly plaintiffs retain a beneficial interest and are entitled to relief including an accounting and division of net sale proceeds or buyout.