16 Jul 2020
Eight Mile Farms Ltd v Bradley [2020] NZHC 1719
- Citation
- [2020] NZHC 1719
- Court
- High Court
Summary judgment was entered because the plaintiff proved the first defendant misappropriated $2,002,332.51 and had no defence to claims in money had and received and breach of fiduciary duty, and except for a deduction of $28,290.69 for the first payment the deceit claim was made out; declaration of a constructive trust was declined as premature because tracing has not established identifiable assets; instead the Court ordered an inquiry under High Court Rules r16, with specific disclosure directions to enable tracing and possible further relief later.