New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Constructive trust/knowing receipt

Legal area

Court

31 Mar 2023

WL v AJ [2023] NZHC 703

Citation

[2023] NZHC 703
Court

High Court

The Agreement was void under s21F because the parties did not obtain the independent legal advice nor lawyer witnessing/certification required; s21H could not validate the Agreement because non‑compliance materially prejudiced AJ given her vulnerability and the substantive effect of the Agreement; even if valid it would have been set aside under s21J for serious injustice as the Agreement became unreasonable over time; accordingly the family home and other relationship property are to be divided equally under the PRA and AJ's claim for occupation rent and WL's constructive trust/knowing recei…
2 Sept 2011

WAITE V GLOBAL INTEGRATED SOLUTIONS LIMITED HC AK CIV 2010-404-8333

Citation

openlaw-a6a7f358_384a_4b8a_8492_1581dbdd7216.pdf
Court

High Court

Plaintiff impecuniosity established and the proceeding is not so plainly unmeritorious that access should be denied; case does not justify Category 3 costs but Category 2; claims should be split so liability issues central to recovery (causes 4,6 and 7) proceed while other causes are stayed until security is provided; security fixed at $140,000 per defendant group for full prosecution of all causes, with a reduced security of $70,000 per represented group if only causes 4,6 and 7 proceed; plaintiffs may provide security by payment into court or by registered security agreement and parties may…