8 Jul 2013
HARVEY v BEVERIDGE [2013] NZHC 1718
- Citation
- [2013] NZAR 1364
- Court
- High Court
Summary judgment was dismissed because the executor failed to show the defendant had no arguable defence; there were triable issues whether an unequivocal common intention constructive trust arose from the deceased's words and conduct and whether that created a caveatable institutional equitable interest, so the matter must proceed to full hearing.