26 Sept 2017
Jiang v Huang [2017] NZHC 2340
- Citation
- [2017] NZHC 2340
- Court
- High Court
The plaintiff retains a beneficial interest in the Property on a resulting trust proportionate to his financial contributions; the 2010 Agreement, though a binding agreement, was not implemented by the defendant purchasing the plaintiff's share; equity requires sale under s339 Property Law Act 2007 with net proceeds distributed according to updated contributions; the NZ$200,000 loan was partly repaid (NZ$100,000 outstanding) but any claim for the balance was statute-barred; the alleged RMB3.1m loan was not proven on the balance of probabilities.