15 Dec 2015
BLUMENTHAL v STEWART [2015] NZHC 3187
- Citation
- [2015] NZHC 3187
- Court
- High Court
Plaintiff's claims were dismissed because he was not an eligible stepchild under the FPA (the definition requires the de facto partner to be living with the deceased at the date of the deceased's death) and in any event was not being maintained by the deceased; under the TPA, promises were either too vague or incidental and the services he rendered were ordinary incidents of a close reciprocal familial relationship lacking the required 'something extra' and nexus to any promise; accordingly the Lankow elements for a constructive trust were not satisfied and unjust enrichment/unconscionability…